Suspension of the New H-1B Electronic Registration System

The USCIS has announced, and temporarily suspended, a New H-1B Electronic Registration System for H-1B Cap-Subject Petitions.

On January 31st, 2019, the Department of Homeland Security published the Final Rule titled “Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens.” One of the main impacts of this rule affects the H-1B Cap process for employers, as an electronic system will most likely be implemented beginning in March 2020.

The Final Rule published on January 31, 2019 also establishes the details of the new H-1B Electronic Registration System. Please note that the Final Rule also suspends the implementation of this new system for the FY 2020 H-1B Cap season. This registration system is expected to be fully implemented for the FY 2021 H-1B Cap season. 

What is the Electronic Registration System?

As currently expected, beginning in 2020, employers will be required to first electronically register with USCIS during a designated registration period, which will last a minimum of 14 calendar days. The USCIS will give notify employers at least 30 days before the commencement of the registration period. An employer will be required to submit one registration per beneficiary in any fiscal year and must submit a separate registration to file a petition for each foreign worker it seeks to register for the H-1B lottery. If an employer submits more than one registration per foreign worker, then all registrations filed by that employer in the same fiscal year will be invalidated.

Once the registration period closes, USCIS will begin the H-1B visa lottery process. USCIS will then notify employers if their registrations have been selected. USCIS will also provide employers with at least 90 days to file a corresponding H-1B petition. Although initially expected to implement a staggered filing period, the published Final Rule clarifies that the USCIS will no longer proceed with such a process.

When will the new system be implemented?

DHS will publish another Final Rule on the year it expects the new electronic system to go live. That same year, DHS will provide training sessions that will provide insight into the user interface and registration process. The Margolis Law Firm will take part in such trainings to ensure we provide our clients with the proper guidance and advice through these new developments.