US Citizenship & Immigration Services (USCIS) announced a final rule last week that will require petitioning employers to pay a $10 non-refundable fee for each H-1B registration they submit for the H-1B electronic registration system. The agency plans to implement the H-1B registration process for the fiscal year 2021 H-1B cap selection process, assuming successful testing of the system. With this H-1B electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including advanced degree exemption cases, will first electronically register with USCIS during a designated registration period (unless the requirement is suspended). If the electronically registered case is selected in the lottery, then the petitioner will file the H-1B petition.

“This effort will help implement a more efficient and effective H-1B cap selection process,” USCIS Acting Director Ken Cuccinelli said in a statement. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.” The final rule will be effective December 9, 2019, and the fee will be required when registrations are submitted. USCIS will announce the timeframe for the implementation and initial registration period in the Federal Register once a formal decision has been made, and the agency indicates that they will offer “ample notice to the public in advance of implementing the registration requirement.”