On February 13, 2020, US Citizenship and Immigration Services (USCIS) provided additional insight and training for attorneys on the newly implemented H-1B electronic registration process for all cap-subject H-1B petitions for FY2021 and clarified additional steps that employers will need to take to register.
Employers seeking to file H-1B cap-subject petitions for FY2021 must first create an online account with USCIS and electronically register and pay a $10 fee for each H-1B cap candidate. This is a new requirement initially announced by USCIS on December 6, 2019.
Online account creation
On the USCIS website, an account will have to be created for each employer.
- This can be done starting on February 24, 2020.
- Separately, employers' attorneys will create their own accounts on USCIS.gov.
- Employers and attorneys will link their accounts by electronically signing a Form G-28, Notice of Entry of Appearance as Attorney or Representative. With the accounts linked, the attorney may prepare the H-1B registrations on behalf of the employer, and the employer will review and electronically sign the H-1B registration form for the H-1B candidate.
- In order to sign the H-1B registration forms, the employer will need to enter a unique access code that the attorney will send to the employer once the attorney has drafted the forms.
USCIS selection process
USCIS anticipates notifying employers and attorneys by March 31, 2020, whether beneficiaries have been selected. Employers will be given a 90-day filing period, as indicated on the USCIS selection notice, to submit the completed H-1B cap-subject petition to USCIS.