Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens
| Published date | 09 January 2020 |
| Citation | 85 FR 1176 |
| Record Number | 2020-00182 |
| Section | Notices |
| Court | U.s. Citizenship And Immigration Services |
Federal Register, Volume 85 Issue 6 (Thursday, January 9, 2020)
[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Notices]
[Pages 1176-1177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00182]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2650-19; DHS Docket No. USCIS-2019-0014]
RIN 1615-ZB82
Registration Requirement for Petitioners Seeking To File H-1B
Petitions on Behalf of Cap-Subject Aliens
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is
announcing the implementation of the H-1B registration process for H-1B
cap-subject petitions. The initial H-1B petition registration period
will begin on March 1, 2020. Starting on that date, USCIS will require
H-1B cap-subject petitioners, including those eligible for the advanced
degree exemption, to first register electronically with USCIS and pay
the associated H-1B registration fee before being eligible to properly
file an H-1B cap-subject petition for the Fiscal Year 2021 H-1B
numerical allocations. USCIS intends to close the initial registration
period on March 20, 2020 and will announce the actual end date on its
website. After the initial registration period closes, USCIS will
conduct the initial selection process, and petitioners with selected
registrations will be eligible to file an H-1B cap-subject petition for
those selected registrations during the associated filing period.
DATES: This notice is effective on January 9, 2020.
FOR FURTHER INFORMATION CONTACT: Charles Nimick, Chief, Business and
Foreign Workers Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, U.S. Department of Homeland
Security, by mail at 20 Massachusetts Avenue NW, Washington, DC 20529-
2060; or by phone at 202 272-8377.
SUPPLEMENTARY INFORMATION:
I. Background on H-1B Registration
On January 31, 2019, the Department of Homeland Security (DHS)
published a final rule \1\ requiring petitioners seeking to file H-1B
cap-subject petitions, including those eligible for the advanced degree
exemption, to first electronically register with USCIS during a
designated registration period, unless the requirement is suspended
(``H-1B registration final rule''). See 8 CFR 214.2(h)(8)(iii)(A)(1).
In the final rule, DHS announced that USCIS was suspending the
registration requirement for the Fiscal Year (FY) 2020 cap season to
complete all requisite user testing of the new H-1B registration system
and otherwise ensure the system and process are operable. DHS has
completed all requisite user testing and is implementing the
registration process in advance of the H-1B cap season for FY 2021.
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\1\ See 84 FR 888 (Jan. 31, 2019).
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DHS stated in the H-1B registration final rule that it will publish
a notice in the Federal Register to announce the initial implementation
of the registration process before the first H-1B cap season that would
use the process. Once USCIS implements the registration process, it
will announce subsequent registration periods for each fiscal year on
its website.
On November 8, 2019, DHS published a final rule amending its
regulations to require a $10 fee for each registration submitted for
the H-1B cap selection process. See 8 CFR 103.7(b)(1)(i)(NNN).
II. Participation in Registration
As explained in the H-1B registration final rule, before a
petitioner can file an H-1B cap-subject petition, including those
eligible for the advanced degree exemption, the petitioner must first
electronically register with USCIS. See 8 CFR 214.2(h)(8)(iii)(A)(1).
USCIS will not consider an H-1B cap-subject petition to be properly
filed unless it is based on a valid registration selection for the
applicable fiscal year. See 8 CFR 214.2(h)(8)(iii)(A)(1) and (D).
III. When To Register
The initial registration period will start March 1, 2020. USCIS
intends to close the initial registration period on March 20, 2020 and
will announce the actual end date of the initial registration period on
its website at www.uscis.gov pursuant to 8 CFR 214.2(h)(8)(iii)(A)(3).
If USCIS determines at the end of the initial registration period that
an insufficient number of registrations have been received, USCIS will
determine the final registration date once it has received the number
of registrations projected as needed to reach the numerical
allocations. If USCIS determines that it is necessary to re-open the
registration period, USCIS will announce the start of the re-opened
registration period on the USCIS website at www.uscis.gov. See 8 CFR
214.2(h)(8)(iii)(A)(3) and (7).
IV. How To Register
Petitioners must register using an online account. USCIS will
provide step-by-step instructions on its website at www.uscis.gov.
Employers and authorized representatives may start setting up their
registration accounts in advance of the registration period opening.
USCIS will post the date that employers and authorized representatives
may start setting up accounts on its website. Employers and authorized
representatives will be able to continue to set up accounts during the
registration period and may immediately use those accounts to register.
They may also set up accounts after the registration period to use for
later years. A petitioner or its authorized representative must
electronically submit a separate registration request
[[Page 1177]]
naming each individual it seeks to petition for a cap-subject H-1B.
Petitioners will be able to register multiple individuals in a single
online session. The electronic system will allow for a filer to
prepare, edit and store the record in their account prior to final
payment and submission. A petitioner may only submit one registration
per beneficiary in any fiscal year. See 8 CFR 214.2(h)(8)(iii)(A)(2).
If a petitioner submits more than one registration for the same
beneficiary in the same fiscal year, USCIS will consider all
registrations filed by that petitioner for that beneficiary for that
fiscal year invalid. Id.
V. Registration Selection
USCIS will send notices electronically to all registrants with
selected registrations that they are eligible to file an H-1B cap-
subject petition on behalf of the individual named in the notice within
the filing period indicated on the notice. See 8 CFR
214.2(h)(8)(iii)(C). The notifications will be added to registration
accounts. The account holder who submitted the selected registration
will receive notification via email or text message stating that an
action has been added to their account, and they will have to log in to
see the full notice. USCIS intends to notify registrants with selected
registrations from the initial registration period no later than March
31, 2020.
Chad F. Wolf,
Acting Secretary.
[FR Doc. 2020-00182 Filed 1-8-20; 8:45 am]
BILLING CODE 9111-97-P
