• The Office of Management and Budget

    (OMB) has completed its review of the proposed H-1B registration

    fee rule.

  • The proposed registration fee, titled

    Fee for Registration Requirement for Petitioners Seeking To File

    H-1B Petitions on Behalf of Cap Subject Aliens, will allow USCIS to

    charge a nominal fee for each registration that is submitted to

    USCIS for a H-1B cap-subject petition that is subject to the final

    regulation that was published in the Federal Register on

    January 31, 2019.

  • A notice will be published in the

    Federal Register to allow comment on the proposed fee

    regulation.

  • The final regulation (January 31,

    2019) requires petitioners seeking to file H-1B petitions subject

    to the cap, including those eligible for the advanced degree

    exemption, to first electronically register with the USCIS during a

    designated registration period.

  • The final regulation also changes the

    process by which USCIS counts H-1B registrations (or petitions for

    FY 2020) by first selecting registrations submitted on behalf of

    all beneficiaries, including those eligible for the

    advanced degree exemption. USCIS will then select from the

    remaining registrations a sufficient number projected as needed to

    reach the advanced degree exemption.

  • Changing the order in which petitions

    are selected will likely increase the total number of petitions

    selected under the regular cap for H-1B beneficiaries who possess a

    master's or higher degree from a U.S. institution of higher

    education each fiscal year.

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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