Today, the Department of Homeland Security has announced a proposed rule that will require employers seeking to file H-1B cap-subject petitioners to pay a fee of $10 for each electronic registration submitted to USCIS.  In the new proposed system, which can be implemented as soon as FY 2021 (in April 2020), employers have to register each individual foreign national they would like to sponsor in the H-1B lottery first, only when the application is selected will the physical application be submitted to USCIS. In order to register, employers will file a short online form that provides basic information about the company, the job offer, and the prospective foreign employee. A separate form will have to be filed for each individual foreign employee. The registration period will likely occur before the usual April 1 opening day of cap filing. For more information about the proposed changes, please click here.

This fee is proposed because USCIS must expend resources to implement and maintain the H-1B registration system, and because USCIS operations are funded by fees collected for adjudication and naturalization services, DHS is proposing an appropriate, nominal fee for submitting H-1B registrations to recover those costs. Unlike the filing fees for H-1B applications that are not selected, the $10 registration fee will not be returned if the application is not selected in the lottery. Public comments regarding this issue will be accepted from September 4 to October 4. Final implementation of the rule will occur shortly afterwards. To learn more about the proposed changes, please click here. To learn more about the H-1B visa and your eligibility, please click here.

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