- The Office of Management and Budget
(OMB) has completed its review of the proposed H-1B registration
- 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
- 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.