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U.S. Citizenship and Immigration Services (USCIS) has posted a prepublication version of a proposal to charge a $10 fee for each H-1B registration under the new process that is expected to apply to fiscal year 2021 cap filings.
Background: USCIS finalized a regulation in January 2019 to change the H-1B lottery process by (1) switching the order in which the agency selects petitions to increase the number of advanced-degree holders chosen, and (2) requiring petitioners to file an online registration for each individual they seek to sponsor for a cap-subject H-1B visa. The agency only implemented the first part of the rule and delayed implementation of the electronic registration requirement.
BAL Analysis: USCIS has been taking steps to implement the electronic registration requirement for the H-1B filing season that will begin in April 2020, but has not yet released details on the new process. A group of business and immigration organizations recently sent a letter to the agency seeking additional information and clarification regarding its plans. BAL is closely monitoring the progress of these changes to the H-1B lottery process and will provide additional details as they become available.
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