Featured Issue: H-1B Registration Tool

On January 31, 2019, USCIS issued a final rule making significant changes to the H-1B visa lottery process. The rule added an electronic registration requirement for petitioners seeking to submit H-1B cap-subject petitions and reversed the order by which USCIS selects petitions under the H-1B cap and the advanced degree exemptions. The final rule became effective on April 1, 2019, though DHS suspended the electronic registration requirement for the FY2020 cap season.

In early September, USCIS published a proposed rule 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 for the H-1B cap selection process.

In late September, in response to a sign-on letter sent by AILA and 14 other organizations, USCIS indicated that it intends to implement the registration process for the FY2021 cap season, subject to continued testing of the system.

On Monday, November 4, 2019, Acting Director of USCIS Ken Cuccinelli stated during the SHRM Global Mobility and Immigration Symposium that he has a fairly high degree of certainty that USCIS will be ready to implement the tool for the upcoming H-1B cap season, and that he expects USCIS will make a formal announcement by the end of the year as to whether or not USCIS will move forward with the tool for this upcoming H-1B cap season.

Government Resources

AILA Comments and Communications with USCIS

AILA Resources on H-1B Registration

Media Reports

Cite as AILA Doc. No. 19102407.