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EXPERT ASSISTANCE WITH THE NEW H-1B CAP PETITION REQUIREMENTS

On December 6, 2019, USCIS announced that employers seeking to file FY2021 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay an associated $10 fee for each electronic registration they submit to USCIS.

USCIS Introduces its new Electronic Registration System

Under this new process, employers seeking H-1B visa workers subject to the cap, or their authorized representatives, will complete a registration process that will require only basic information about their company and each requested worker.

Registrants will not be required to enter their corporate information for each potential beneficiary. Corporate and payment information will only need to be entered one time for each batch of registrations and associated payments. However, the corporate and payment information will not carry over between subsequent batches of registrations and fees.

DHS amended its regulations to require a $10 fee for each registration submitted to register for the H-1B cap selection process. Please note that the $10 registration fee is separate from and in addition to the H-1B petition filing fee. This registration fee will be charged regardless of whether the potential petitioner's registration is selected; i.e. even if the petitioner may not ultimately file an H-1B petition

The registration system will permit payments to be made from a bank account (checking or savings), a credit card, or debit card. No ACH fee will be charged. The registration fee cannot be made using cash, a certified (bank) check, or money order.

USCIS will open an initial registration period from March 1 through March 20, 2020. USCIS will then run a random selection process on those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

Expert Assistance From Litwin & Smith, A Law Corporation

Litwin & Smith is familiar with the new registration requirements and can assist your company prepare for the March 1 through March 20, 2020 initial registration period. We highly recommend employers contact us now to prepare for the registration process.

For more information, we recommend that you call our main office at 888-344-0892 or email us at [email protected] and schedule a consultation with our managing attorney Donald Smith.

See also Trumpification Adds Social Media Profile Requirement 

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