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USCIS Proposes Registration Fee for H-1B Cap filings

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Pasricha & Patel Takeaways:

USCIS has published a rule proposing that all H-1B petitioners who wish to enter the H-1B cap lottery next year (Fiscal Year 2021) will be required to pay a $10.00 registration fee per application.

USCIS has already announced earlier on January 31, 2019 that there will be a new online registration system that could be in place in time for the FY 2021 H-1B cap filing season next year in April 2020. Under the new registration system, employers who want to file H-1B cap petitions must first register online in order to enter the H-1B quota lottery. Then, the employer will be able to file the actual H-1B petitions only after those registered cases are selected in the H-1B lottery. Then, the employer will have 90-days after USCIS notifies the employer of their selection to submit the H-1B quota petition with the USCIS.

The USCIS explains that this $10.00 fee will be used to offset the cost of the H-1B cap registration system. It is also likely that this is the USCIS’s attempt to reduce the instances of frivolous H-1B cap petitions too.

At this time, the USCIS has not yet published the proposed format and system of the actual H-1B online registration system. But it will need to do so soon, because there needs to be enough time allowed for beta testing, as well as for public comments, before the USCIS installs this system to have it ready for the April 2020 H-1B filing start date.

We suggest readers regularly visit our website for any updates regarding any developments in connection with this new H-1B registration system. And should you wish any more details about this process, including H-1B filing process, we encourage you to schedule a consultation with our firm and we would be happy to review your options and questions about this process.