In a rare stroke of good immigration-related news for employers, USCIS has announced that it will implement electronic registration for cap-subject H-1Bs for the FY 2021 filing season, saving employers the time and expense of preparing full H-1B petitions prior to knowing whether those petitions will be accepted under the cap.  Online registration will begin March 1 and end March 20, 2020.

The prior cap system required the preparation and submission of a full H-1B petition for every applicant, which involved submitting a Labor Condition Application to the Department of Labor, completing all USCIS forms, obtaining degree translations and evaluations if applicable, compiling supporting documentation, and paying the government filing fees.  Thereafter, the applicants were subjected to a lottery and only those petitions selected were actually reviewed and adjudicated.  The remainder were returned to the petitioning employer, rendering the time, effort, and expense of the petition preparation moot.

Under the new electronic registration system, employers will register online with USCIS and pay a $10 fee for each potential cap-subject beneficiary.  USCIS will then conduct the cap lottery and notify employers as to which beneficiaries were selected.  Only then will employers prepare and submit actual H-1B petitions.

While this advance in efficiency is certainly welcome and long overdue, there is a strong possibility of technical issues with the launch of the system, and USCIS has reserved the right to revert back to the old cap system.  As a result, employers are encouraged to connect with immigration counsel now to identify and discuss potential candidates and assess any status issues and contingency plans.