DHS recently published a final rule to establish an electronic registration program for H-1B petitions that requires a $10 registration fee per H-1B candidate for the April 2020 cap season (FY 2021). The primary purpose of the regulation is to conduct the lottery in such a matter so that employers will know in advance of filing a full H-1B petition whether the candidate has been selected in the lottery, which will then necessitate submitting a complete H-1B filing for each selected candidate with USCIS within 90 days of receiving such notice.
It is important to note that, consistent with prior rules, multiple employers (e.g. affiliate companies) will be eligible to submit a candidate registration on behalf of the same employee, so there is a new level of strategy that can be considered for certain “must have” employees who may be facing difficult situations, including those having to leave the United States due to impending post-completion OPT expirations and/or those engaging in risky full-time CPT to “buy time” for a possible H-1B cap selection.
While we await confirmation whether or not the H-1B registration program will be active for the upcoming cap season, we are advising clients to anticipate as if the new program will be implemented. Read additional details here.
If you have any questions , please do not hesitate to contact Anthony F. Siliato or Scott R. Malyk.