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U.S. Citizenship and Immigration Services announced the final H-1B electronic registration fee rule today and released a pre-publication version of the rule. The official final rule is expected to be published in the Federal Register tomorrow. The rule becomes effective Dec. 9 and contains several details and clarifications in response to public comments submitted during the notice and comment period.
Key points:
Additional details: Although the rule for the H-1B registration fee has been finalized, two additional regulations need to be finalized before implementation that cover the H-1B registration tool and revisions to Form I-129 Petition for Alien Worker. Both proposals are still in their public comment period, which ends tomorrow.
BAL Analysis: The final H-1B registration fee rule is another indication that USCIS aims to introduce the electronic registration system in coming months for FY 2021 cap filings. Employers should anticipate that the system will be in place for the upcoming cap season, and, if so, the mandatory registration period would likely start in early 2020. An implementation time frame, including a designated registration period, would be announced in an upcoming Federal Register notice. BAL is closely monitoring the rollout of the H-1B registration system and will continue to provide updates as information become 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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