The Office of Management and Budget completed its review this week of a plan to charge a fee for H-1B registrations, moving the proposal one step closer to implementation.

The fee is connected to the Department of Homeland Security’s plans to implement a mandatory online registration system for cap-subject H-1B petitions next year. In May, the agency asked OMB to review the plan, which would require a fee for each registration.

The government has not yet said what the fee amount will be, but DHS is now expected to publish a proposed regulation within weeks. The public will be invited to submit comments after the proposal is published in the Federal Register.

BAL Analysis: Both the new registration system and the fee are expected to be in place for the FY 2021 H-1B cap season. BAL will continue to track the proposed fee rule as it moves through the rulemaking process and will provide additional information about the new H-1B cap process as it becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact

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