New H1B Rule – Employer Must Register Before H1B Filing

Raghuram Sukumar H1B Visa 3 Comments

Back in December, USCIS proposed  New H1B Rule – employers register before submitting H1B Visa petitions.

  • USCIS is publishing this proposed rule to require preregistration for H-1B cap filing.
  • New proposed rule would require H1B employers subject to the cap to first register with USCIS during certain period.

H1B Cap Not Reached on first Day

  • When H1B filing season open On April 1, if  H1B cap will not be reached on the first day of H1B, then applications then USCIS would inform all the registered employers.
  • USCIS would continue to accept and select registrations until the H-1B cap is reached.

H1b Cap Reached on First Day

  • If  H1B cap will be reached by the first (April 1) – USCIS would close the registration before such date and randomly select a sufficient number of timely filed registrations to meet the H1B cap.
  • Only employers who have registered and randomly selected would be allowed to file H1B petitions for the cap-subject prospective worker.
  • Waitlist will be created to fill the cap, in case USCIS had to reject applications.
  • If employers who registered and not selected  in lottery or in waitlist would receive notification that they will not be able to file H1B Visa.

When could USCIS use this advance registration process?

This electronic registration system will not go into effect until a final rule is published and becomes effective. If a final version of the rule is published by January 2012, USCIS could implement the proposed registration system for the fiscal year 2013 H-1B season, which opens in April 2012.