Monday, January 3, 2011

USCIS PROPOSES REGISTRATION FOR H-1B EMPLOYERS

USCIS is proposing to amend its regulations governing H-1B petitions subject to the annual numerical limitations (65,000 for regular cap plus 20,000 for master's and advanced degree cap). This rule proposes an electronic registration program for petitions subject to numerical limitations. Right now USCIS accepts petitions as part of a lottery system if more than the annual limit of H-1B petitions are filed in the first couple of days in April. Currently the cap is not maximized soon because of the economic downturn; but that is a temporary issues that will be abated in the near future. USCIS deems this action necessary because the demand for H-1B specialty occupation workers by U.S. companies generally exceeds the numerical limitation. This rule is intended to allow USCIS to more efficiently manage the intake and lottery process for these H-1B petitions. USCIS is proposing that petitioners register first and only if the registration is successful the petitioner can then file the H-1B petition.
USCIS estimates that this rule will result in a net benefit to society. That is because the petitioners have to complete the H-1B package, prepare all documents, pay the attorney fees, etc., and submit the application without any certainty that an H-1B cap number will ultimately be allocated to them. The new Internet-based registration system allows employers to complete a much shorter and less expensive registration process for consideration of available H-1B cap numbers. The new system will also relieve a significant administrative burden and expense from USCIS by reducing costs for some employers (especially those not allocated a cap number).
This definitely makes a lot of sense and is a step in the right direction; there is a significant downside to that is since there is no real cost to register, what happens if companies register multiple beneficiaries only at the end after they get selected not filing the H-1B petitions and just wasting numbers for those who need them?

2 comments:

  1. USCIS (United States Citizenship and Immigration Service) offers many forms based
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  2. Filing an application or petition with USCIS can seem like an overwhelming task. Applicants are well advised to do their homework ahead of time. Avoiding common mistakes and oversights can save a lot of time and anxiety while the petition or application is pending with USCIS.

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