USCIS Indicates H-1B Registration Tool Must Pass Testing to Take Effect in 2020
This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.
Ken Cuccinelli, Acting Director of United States Citizenship and Immigration Services (USCIS) announced during a speech at SHRM’s Global Mobility and Immigration Symposium in Washington, D.C., that the new H-1B online cap registration tool must demonstrate its ability through the testing phase before it can be in place before the beginning of the next filing season early next year.
The new H-1B cap registration program would require employers seeking to file H-1B cap cases to register online in order to enter the H-1B lottery. Employers would then be allowed to file full petitions exclusively for registrations selected in the lottery, which would have to be filed with USCIS during a period of at least 90 days. A $10 processing fee is applicable to all H-1B petitions at the time of submission. The primary concern is the system’s ability to manage the volume that it is expected to face; a legitimate concern which could result in the program being removed altogether.