Proposed H-1B Cap Registration Fee Rule

On September 3, 2019, the Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to pay a $10 fee for each electronic registration they submit to USCIS.  Public comments will be accepted from September 4 (when the proposed rule publishes in the Federal Register) through October 4.

This past January 2019, DHS published a final rule requiring petitioners seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register with USCIS during a designated registration period. While DHS suspended the registration requirement for the fiscal year (FY) 2020 cap season, to complete required user testing of the new H-1B registration system and otherwise ensure the system and process work correctly, DHS has not announced whether that testing has been successful.  American Immigration Lawyers Association (AILA) and other associations recently urged USCIS to confirm by September 15, 2019, whether use of the electronic registration system will be mandatory for the FY2021 H-1B cap filing season.

Iandoli Desai and Cronin, P.C. will provide H-1B updates as they become available.