USCIS Confirms H-1B e-Registration Will Take Effect This H-1B Cap Season

Today, USCIS announced that it is implementing the registration process for the upcoming H-1B lottery.  This means employers, or their attorneys, must electronically register each beneficiary it wishes to file a cap-subject H-1B for, and pay the associated $10 H-1B registration fee.

What you should know about this new process:

1. Registration period will be 03/01 through 03/20/2020.
2. The random selection process (i.e., lottery) will be conducted no later than 3/31/2020.
3. Thereafter, employers may file H-1B cap-subject petitions for those with selected registrations.
4. USCIS has yet to post instructions regarding how to complete the registration process.
5. A cap-subject petition will not be considered properly filed unless it is based on a valid registration selection for the same beneficiary.
6. Duplicate registrations for the same beneficiary in the same fiscal year will be discarded.

This new system will result in employers filing less (or no) H-1B petitions, which should reduce H-1B expenditures.  However, with USCIS not confirming lottery selection until the end of March (assuming no unforeseen glitches), it may not be possible to delay all case preparation until April.  The gathering of case info and docs may take two or more weeks, and legal advice and advance planning are likely required well before April.  However, rest assured that ILG will be ready to register your H-1B candidates (once instructions are posted) and counsel you through this new process.