The Department of Homeland Security (DHS) has asked the Office of Management and Budget (OMB) to review a plan to charge a fee for H-1B registrations, completing the first step in the federal rulemaking process.

DHS plans to implement a mandatory online registration system for cap-subject H-1B petitions next year. The agency announced its intent to include a new fee as part of the registration system when the government published its semi-annual regulatory agenda last week.

DHS has not yet indicated what the fee will be. OMB now has 90 days to review the proposed regulation. It will then be published in the Federal Register, and the public will be invited to submit comments.

BAL Analysis: Both the new registration system and the fee are expected to be in place before the beginning of the FY 2021 cap season. BAL will continue following the proposed fee as it moves through the rulemaking process and will provide additional information as it becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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