May 26, 2020

Proposed H-1B Cap Registration Fee Rule Published by DHS

On September 4, 2019, the Department of Homeland Security (DHS) published a proposed rule regarding a filing fee for H-1B cap registration. As part of H-1B cap registration, U.S. Citizenship and Immigration Services (USCIS) proposes to collect a $10 fee for each H-1B cap registration submission.

As previously reported by Mintz, DHS is moving rapidly towards its goal of implementing the H-1B registration program for the FY2021 H-1B cap, which will apply to the filing period likely to take place in March or April 2020 for petitions with an effective date of October 1, 2020.

Importantly, the proposed rule limits the notice and comment period to 30 days — abbreviated from the standard comment period, which is typically a minimum of 60 days. DHS justifies this expedited comment period by stating, “USCIS intends for the fee proposed in this rule to be in place before the H1B registration process is initially implemented, which may be as soon as the H-1B cap filing season for FY2021.”

For additional background information on the H-1B quota and the proposed H-1Bregistration system, please view our prior alert here.

It seems clear that USCIS is on a path to finalize the H-1B cap registration rule with a goal of implementing the new system in time for the FY2021 H-1B cap. Employers that sponsor cap-subject H-1B petitions should be prepared for the possibility that the registration process will be in place for the upcoming H-1B cap season.

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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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Susan J. Cohen, Immigration Attorney, Mintz Law Firm
Member / Founding Chair, Immigration Practice

Susan is a nationally recognized immigration lawyer. As Chair of Mintz’s Immigration Practice, she works with corporate clients to address their immigration challenges. Susan is very active in the American Immigration Lawyers Association (AILA) and has contributed to federal and state immigration regulations. She is frequently quoted in the media. She is also an editor of Mintz’s Immigration Law blog and has been recognized as a “Top Author” by JD Supra. Susan helped to lead a Mintz team that worked with the ACLU of Massachusetts and others to obtain a temporary restraining order on the 2017 Travel Ban. Through her pro bono work, she has helped many immigrants obtain asylum.

Susan is the founder and Chair of the firm’s Immigration Practice, which is composed of 12 attorneys and 18 immigration specialists and assistants who service the immigration needs of Mintz’s existing corporate and individual clients, and of new clients who choose the firm precisely for its knowledge in the field of immigration and nationality law.

Susan is actively involved in the American Immigration Lawyers Association (AILA) and has chaired and co-chaired a wide range of national AILA committees, including the National Planning Committee for AILA’s Annual Immigration Law Conference. She has also served on the review board for AILA periodicals and has served as the ABA’s liaison to the Department of Labor on immigration-related issues. She is a frequent panelist at AILA, ABA, and other immigration-related conferences, and a contributor to AILA, ABA, and other immigration-related publications.

Susan was involved in contributing to the US Citizenship and Immigration Services (USCIS) regulations implementing the Immigration Act of 1990, the Department of Labor regulations implementing changes to the H-1B visa category as a result of the American Competitiveness and Workforce Improvement Act of 1998, and the Department of Labor PERM labor certification regulations issued in 2004. Susan also advised the Commonwealth of Massachusetts in drafting the legislation which resulted in the Massachusetts Global Entrepreneur in Residence (GEIR) program.

Susan has won awards for her political asylum work from the Supreme Judicial Court of Massachusetts, the Political Asylum/Immigration Representation (PAIR) Project, the Massachusetts Lawyers Weekly, and Mintz.

During law school, she served on the Cardozo Law Review.

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