Under the 2019 published final rule by the U.S. Department of Homeland Security, an electronic H-1B registration process has been implemented which requires a $10.00 registration fee for the cases that will have to be filed by the April 1st, 2022 cap season deadline. One of the main goals under this regulation is to conduct the H-1B lottery before accepting petitions so that prospective H-1B employers know (in advance) if the case will be selected in the lottery before submitting a full and complete H-1B filing to the USCIS.
This Q&A below is adapted from information available about the H-1B program and has been modified to provide prospective H-1B employers and H-1B employees with guidance about how to prepare for the registration process for the 2022 H-1B nonimmigrant Visa Petition cap season.
Question: What is H-1B cap registration?
Answer: It is a USCIS electronic registration process for prospective petitioners seeking to file H-1B cap-subject petitions.
Question: Who is covered by this electronic H-1B registration rule?
Answer: The registration is only for prospective cap-subject petitions (i.e. not for cap-exempt employers such as universities or qualified research institutions nor, employees who have been already counted against the cap).
Question: When will the H-1B nonimmigrant Visa registration period begin?
Answer: The process is “rolled out” as follows:
1. The initial registration period starts at least 30 days in advance (Beginning of March);
2. Initial registration period will begin at least 14 days before the first day of petition filing (April 1) and will last at least 14 calendar days;
3. If selected, a prospective H-1B employer has at least 90 days to file H-1B petition; and
4. USCIS may re-open registration at anytime (there would be no notice required).
Question: What is the government’s filing fee to register?
Answer: There is a $10.00 non-refundable registration fee for each beneficiary.
Question: What information will be required by prospective H-1B employers and prospective H-1B employees to register for the electronic H-1B registration program?
Answer: Following information will be required as part of the H-1B electronic registration program:
1. Full name
2. Date of birth
3. Country of birth
5. Passport number
7. An employer attestation that there is a bona fide temporary job offer for which the prospective H-1B employer intends to file an H-1B petition
Question: How many registrations can be submitted by a prospective H-1B employer for a prospective H-1B employee?
Answer: An employer can submit one electronic registration for each prospective H-1B employee. Any prospective H-1B employer must submit a separate registration for each prospective H-1B employee it seeks to register. No duplicates will be permitted. However, it is important to note that multiple employers can submit one H-1B electronic registration on behalf of the same prospective H-1B employee.
Question: What happens if a duplicate electronic registration is submitted submitted for any prospective H-1B employee?
Answer: If an H-1B employer submits a duplicate or multiple H-1B electronic registration for the same prospective H-1B employee, all registrations for the prospective H-1B employee will be rejected. However, a prospective H-1B may have multiple prospective H-1B employers submit electronic registration forms on their behalf.
Question: Will a prospective H-1B employer be required to provide information about the offered position in the initial H-1B electronic filing?
Answer: Information about the position to be offered to the prospective H-1B nonimmigrant will not be required to be initially submitted but it is important to assess the requirements for the position and the qualifications of the employee to e