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H-1B Cap Registration Implemented by USCIS

On December 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it will implement a registration process for the upcoming H-1B lottery. This announcement confirms USCIS’s long-standing goal of implementing the new registration system for the FY2021 cap season, for filing in March 2020 with an effective date of October 1, 2020.

The announcement states that USCIS has completed a successful pilot testing phase for the online H-1B registration system. However, a number of critical details remain unknown at this time. USCIS advises:

  • The timetable for submission of registrations has not yet been announced;

  • Registration dates and timelines will be published on the USCIS website at a future date; and

  • USCIS will conduct “public engagements and other outreach activities” to demonstrate the new registration system.

Employers should prepare now by identifying all employees and candidates who will be sponsored for the FY2021 H-1B cap. In addition, USCIS still reserves the right to suspend registration if there are technical difficulties with the new H-1B registration program. Therefore, employers need to plan for this contingency and be prepared to file complete H-1B petitions during the first five business days in April 2020 if USCIS decides to suspend or not move forward with the new registration system, at the agency’s own discretion.

For additional details on the cap registration program, please view our prior alerts:

Cap Registration Final Rule Cleared by OMB
H-1B Registration Fee – Final Rule

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About this Author

John Quill Immigration Attorney Mintz Levin
Member / Chair, Immigration Practice

John’s practice encompasses all aspects of immigration and nationality law. John draws on over two decades of experience to help companies and their employees obtain nonimmigrant visas, including B, E, H, J, L, O, and TN visas. He also handles applications for PERM labor certification; extraordinary ability, outstanding researcher, and national interest waiver petitions; adjustment of status procedures; consular processing; and naturalization. John has distinguished himself in the use of legal operations and technology to streamline practices and develop innovative solutions to challenging...

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