December 9, 2019

On Friday, USCIS announced that it will be implementing a new electronic registration process for H-1B cap petitions for the FY2021 cap season this spring. As you may recall, this registration requirement was introduced via Final Rule in January 2019, but implementation was delayed to allow for the technology to be developed.  
Step 1: Electronic Registration
Between March 1 and March 20, 2020, any employer wishing to sponsor a foreign national for cap-subject H-1B employment will be required to submit an electronic registration and pay an associated $10 fee for that individual. Employers may register for as many foreign nationals as they like during the registration process.  
Step 2: Computerized Lottery
Assuming that USCIS receives sufficient registrations during this initial period to reach the 65,000 visa cap (and the additional 20,000 cap available for individuals with U.S. Master’s or higher degrees), the Agency will conduct a random selection of the registrations no later than March 31, 2020.  
Step 3: Petition Filing
Petitioning employers with selected registrations will have at least 90 days to file a cap-subject petition for the named foreign national.  

USCIS intends to publish a notice in the Federal Register to formally announce the registration period in the coming weeks, and will also be releasing additional information about the registration and petition filing periods. We will provide additional information about the process and costs of the new H-1B cap process as we near the registration period, and we will begin gathering information from clients in February.  
Please note that this News Flash is provided for informational purposes only. It does not constitute legal advice and is not a substitute for consulting with an attorney. 

The Attorneys at RSST Law Group