Bullet Summary of OMB Review of Proposed H-1B Registration Fee Rules

  • 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.

Sources: AILA Doc. No. 19061332, August 14, 2019

Federal Register, January 31, 2019

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