By: Chris Musillo

On September 4, 2019 the USCIS announced a new proposed rule that requires employers preparing to file H-1B cap-subject petitions to pay a $10 fee for each electronic registration the employer submits to USCIS. The USCIS is funded by fees collected for filings and plans to use the registration fees to cover the costs of implementing the new pre-registration system.

In January 2019 the USCIS introduced an electronic registration requirement for employers seeking to file H-1B cap-subject petitions. Under the January 2019 rule, all H-1B lottery petitions will need to be electronically pre-registered during the H-1B pre-registration period from April 1-7. After the pre-registration period has concluded, USCIS will run the H-1B lottery. All H-1B lottery winners will then submit the actual H-1B petition.

After considering public feedback, USCIS decided to suspend the electronic pre-registration requirement until the April 2020 cap season in order to complete user testing and ensure the system and process are fully functional.