Summary: Department of Homeland Security has announced several months that a new H1B Registration tool will be implemented, but as of today has not said when, and has not provided any instructions on how to use it. For now, immigration attorneys and US employer need to prepare as normal, but expect an extra step soon. Here at Loigica, our attorneys are prepared and ready to help guide you through the process.

 

Here’s what you need to know: 

As of September 30 2019, DHS communicated to American Immigration Lawyers Association (AILA) that it planned to implement the new H-1B Registration Tool for Fiscal H1B 2021 (Approximately November 2019-October 2020), but that developers are still testing the tool and do not have a specific deployment date.

 

The DHS letter states, without indicating when:

Department of Homeland Security will publish a notice in the Federal Register to announce the initial implementation of the H-1B registration process in advance of the cap season in which it will first implement the requirement.

 

On October 4th, AILA, responded as follows:

AILA strongly urges USCIS to finalize this regulation, complete the requisite testing of the system, and publish a notice in the Federal Register as soon as possible and no later than November 1st to ensure attorneys, U.S. employers, and other stakeholders have sufficient time to adjust their H-1B filing preparations and adequately familiarize themselves with the registration payment and electronic tool well in advance of the initial registration period.

 

Conclusion – Wait and See

DHS has not committed to when the new rule will take into effect.  We are in a wait-and-see period.  If DHS accepts AILA recommendation, we will know sometime soon in November whether the new H1B Registration system will be implemented. The system will cost approximately $10 per registration. 

 

For now immigration lawyers and American employers need to prepare as normal. It seems this change will only add a new step to current H1B process, but will likely not change existing H1B preparation steps.

 

If you're a business looking to hire foreign workers, the immigration attorneys at LOIGICA® are here to help. Based in Miami, FL, they represent clients across the nation. They will guide you through the often-complicated immigration processes involved in hiring employees under H-1B and similar statutes. Call (786) 292-9704 or visit them online to arrange a consultation with an immigration lawyer today.