AILA Quicktake #281 – The New H-1B Registration Tool

AILA Quicktake #281 – The New H-1B Registration Tool

February 25, 2020 2 By Kailee Schamberger


At the beginning of last year
USCIS issued a final rule making significant changes to
the H-1B visa lottery process. The rule added an electronic registration
requirement for petitioners seeking to submit H-1B cap subject petitions and
reverse the order by which USCIS selects petitions under the H-1B cap and
the advanced degree exemption. The final rule became
effective on April 1st, 2019. Although DHS suspended the
electronic registration requirement for the FY2020 cap season. At the end of last year USCIS announced
that it will use the H-1B registration process for caps subject
filings for FY2021. This changes the timeline for
filing H-1B cap subject petitions that practitioners have been
accustomed to for years. At the outset we want to note
certain important dates related to the registration process. On February 24th
prospective petitioners may begin creating H-1B registrant accounts
representatives may create a my USCIS account at any time on March 1st the
H-1B registration period opens at noon EST and closes on March 20th
noon EST. March 31st is the date by which USCIS
intends to notify selected registrants. Selected registrants can begin filing
petitions on April 1st and will have 90 days to file. Under the new process you will be
required to first file an electronic registration before being able to file
an H-1B cap subject petition to do this you will be required to use the my USCIS
portal and pay a $10 filing fee for each registration if you are not familiar
with the my USCIS platform it is currently used to file the forms G-28
I-90, I-130 and various naturalization forms as an attorney you can go ahead
and setup your my USCIS account now. If you already have an account you can
use your existing account but AILA recommends you check that you are able
to access it. AILAhas put together a helpful step by step guide on setting up
on my USCIS account employers will have to create new H-1B registration accounts
and can begin doing so on Monday February 24th they will not be able to
use any existing my USCIS accounts both attorneys and clients can continue to
create their accounts throughout the duration of the registration period
beginning on March 1st you will be able to begin drafting and submitting the
registration form the form will ask basic questions about the employer and
the beneficiary for employers it will ask for business name ìin number and
primary US office address and for the beneficiary it will ask basic biographic
information and whether the beneficiary will be seeking a master’s cap exemption
you will also need to make certain attestations including that if the
beneficiary is selected the petitioner intends to file an h-1b petition once
the registration form is completed attorneys will complete a G-28
on behalf of their clients which will use an electronic handshake process
similar to what is currently used in the my USCIS platform
you can find more information on the electronic G-28 process in the attorney
power point presentation from USCIS. Here are a few key reminders to take note of
you can submit up to 250 beneficiaries per each company’s registration that
means one G-28 per registration. Prior to submission registrations can be edited
after submission registrations may not be edited but can be deleted prior to
the close of the registration period selected registrants will be notified
via the my USCIS portal the account holder will get an email or text that a
status update is available and that they should log in to their account
USCIS will maintain a wait list of unselected registrations until September
30th, 2021 in case there is a need to select more registrants to meet the H-1B
cap finally it’s important to note that when filing H-1B cap subject petitions
on or after April 1st you will need to use the new version of the form I-129F January 27th 2020 that includes a new
registration related question as well as new public charge questions for those
who live or will work in Illinois and therefore are not currently subject to
the public charge regulation you can use the January 8th 2020 version
of the form I-129F we know that it’s hard to keep up with
all the different pieces of information that are being released so AILA has
created a featured issues page on the H-1B registration tool to serve as a
centralized resource on all things related to the new tool it includes the
latest PowerPoint presentations from USCIS on how to use the H-1B
registration system which includes screen shots of the tool and the my
USCIS portal the page also includes a regularly updated frequently asked
questions practice pointer created by AILA members as well as practice
management resources so if you have any questions about the process this should
be your first stop we are also excited to announce that officials from USCIS
will be joining our Spring Conference that is being held on March 6th in
Washington D.C. They will give additional presentations on the registration tool
and answer technical questions as you go through the H-1B registration process
please feel free to raise questions to AILA you can use the dedicated message
Center forum on H-1B registration to ask questions and share your experiences. We will be monitoring this regularly to help
make this process run as smoothly as possible.