DHS Proposes Small Fee to Use Registration System for Cap-Subject H1B Petitions

As announced in December 2018, the U.S. Citizenship and Immigration Services (USCIS) is in the process of implementing a registration system for employers seeking to file cap-subject H1B petitions. This system would replace the current H1B “lottery” system. Today, the U.S. Department of Homeland Security (DHS) released an advance copy of a proposed rule that would require prospective employers to pay a small fee for each registration submitted.

Once the registration system is implemented, any U.S. employer planning to file a cap-subject H1B petition would first be required to register electronically with the USCIS during a designated registration period. The proposed rule announced today would serve to add a $10 fee to the employer for each registration.

The rule will be officially published in the Federal Register on September 4, 2019, and then the public will be given 30 days to submit comments on the proposed $10 fee.

There has not yet been any official word as to when the registration system, or this newly proposed fee, will be implemented. But, the proposed rule released today indicates that it may happen as soon as the upcoming fiscal year 2021 cap-filing season.


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