New H-1B Electronic Registration Process for This Year’s (FY 2021) H-1B Cap-Subject Cases

USCIS is implementing a new electronic registration process for the upcoming H-1B cap season (FY 2021).  Electronic registration is a new, additional step that has been added on to the H-1B cap process and will require additional attorney time and heavier employer participation than in past years.  Employers must first create an online myUSCIS account with USCIS and will be guided by the ImLaw team in this process.  Employers may create their myUSCIS accounts beginning Monday, February 24, 2020.  Attorneys may begin drafting and submitting registrations on behalf of clients beginning Sunday, March 1, 2020 at noon EST and ending March 20, 2020.  There is a $10 registration fee for each H-1B beneficiary that must be paid online before each electronic registration can be submitted to USCIS.   

USCIS intends to electronically notify registrants of selection in the H-1B lottery by no later than March 31, 2020.  Thereafter, beginning April 1, 2020, selected registrants may begin submitting completed H-1B petition packages with USCIS for a 90-day period.  Unselected registrations will be placed on a waitlist by USCIS in the event more H-1B numbers become available at a later date (e.g., selected H-1B registrations that are not followed up by an actual H-1B filing or a submitted H-1B petition is denied on the merits).

It is important to note, however, that the new H-1B registration regulations specifically provide that “USCIS may suspend the H-1B registration requirement at any time if it determines the registration process is inoperable for any reason.”   For this reason, and in light of the extremely high volume of users anticipated to participate in the new electronic registration system, we advise that the best practice is to prepare the complete H-1B petition package for filing on April 1, 2020 as in past years, which includes the pre-required actions of evaluating each case for specialty occupation and prevailing wage issues, preparing, filing, and obtaining a certified Labor Condition Application (LCA) from the U.S. Department of Labor (DOL) in advance, and evaluating the foreign national’s credentials to ensure minimum requirements for the position are met. Following this best practice will ensure that our clients' H-1B cases are timely filed with USCIS and entered into the lottery if USCIS suspends electronic registration due to system failure or otherwise.

Please contact the ImLaw team as soon as possible if you have an H-1B cap case you wish to pursue for this fiscal year, or if  you have any questions about the new H-1B electronic registration process.