By Joseph Nullmeyer, Esq.

On December 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that employers seeking to file H-1B cap-subject petitions in 2020 for the 2021 Fiscal Year will be required to electronically register and pay a $10 fee. USCIS is implementing the electronic registration system to streamline processing and reduce costs for petitioning employers.

H-1B visas, which are available to employers that temporarily employ highly educated foreign professionals in the United States, have been in high demand, and recently required a lottery system to select which petitions would be processed.

The new registration system, open from March 1 through March 20, 2020, will allow employers to participate in the annual lottery without preparing a full H-1B petition, including extensive supporting documentation, until the petition is selected in the lottery. Only basic information about the employer and the H-1B applicant will be required as part of the electronic registration system. Once selected, employers will have a 90-day window to file an actual H-1B petition.

USCIS has indicated that more specific instructions, including dates and timelines, will be made available on the USCIS website.

Given the major changes to the H-1B cap season, now is the time to start strategizing and planning around staffing needs.

This post is for informational purposes only and not intended to be, and should not be construed as, legal advice or counsel for any particular situation or set of facts.

Joseph Nullmeyer, Esq. is the General Counsel of Mitchell Martin Inc., where he manages the business immigration program. He is an active member of the American Immigration Lawyers Association and is currently serving on the Board of Directors of the Association of Corporate Counsel Greater Philadelphia Chapter.

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