The latest electronic pre-registration demand for H-1B appeals is likely to start from April 2020. The US Immigration and Citizenship Services recently received permission from the office of budget and management for a new rule that will allow the agency to attach e-registration fees for H-1B appeals. The fees have not yet been published.
In the initial few days of April in every year, USCIS starts a window for the filing of the H-1B cap appeals. Owing to a large number of appeals, the yearly quota of 85,000 which includes Masters’ cap quota of 20,000 is reached within a very short time. For appeals that will be registered in April 2020, the earliest victorious applicants can work in the US will be from 1 October in the same year.
The ultimate rules for the e-registration requirement were published in the month of January. However, its execution was kept in suspension for H-1B applications that were registered in April 2019.
USCIS should openly confirm by 15 Sept if, and when, the e-registration system will be rolled out for the filing of H-1B cap season for financial 2021 which applies to appeals to be filed in April 2020. USCIS must provide for maximum stakeholder engagement and feedback as soon as feasible on the technical functioning of the e-registration tool to assure that the system is fully functional and completely tested prior to USCIS mandates its use.
As per USCIS, once executed, the e-registration requirement will need sponsoring companies attempting to file H-1B cap appeals to first electronically enroll with USCIS during a selected registration period. Only those whose enrollments are chosen will be qualified to file an H-1B cap-subject appeal.
Sponsoring companies would be protected from filing comprehensive documentation for all appeals just for entry into the lottery, as is being done presently. The documentation is comprehensive, particularly for IT service firms, who put their H-1B employees at client places. The appeals are then subject to a lottery process which is random, selected appeals are then further processed and accepted or rejected.
USCIS evaluates the resultant cost savings for employers who are sponsoring to be higher of $47 million. These savings will not be expected without a timely confirmation from USCIS, says the representation.
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