2020 H1B Filing Will Require USCIS Registration

2020 H1B Registration with USCIS

2020 H1B Registration with USCIS

Starting this year, USCIS has implemented a new 2020 H1B electronic registration requirement for employers seeking to file H1B cap-subject petitions. Before employer can file an H1B petition, employer is required to electronically register with the USCIS and pay a $10 fee per each H1B employee (beneficiary).

Both employer and their authorized representative (i.e. immigration attorney) must register with the USCIS where they will be able to provide basic information about the company and each requested H1B worker.

Once the H1B registration period is over, USCIS will run a random selection process of the electronic H1B registrations, and those with selected registrations will be able to file H1B cap subject petitions.

The registration process will be open only from March 1, 2020, 12 pm EST to March 20, 2020, 12 pm EST.

USCIS stated that selected H1B registrants will be notified through their online USCIS accounts no later than March 31, 2020.

An H1B registrant’s USCIS online account will show one of the four statuses for each H1B registration:

  • Selected: Selected to file an H-1B cap-subject petition within 90 days of selection.
  • Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected or Denied.
  • Not Selected: Not selected for this fiscal year.
  • Denied: If the beneficiary was registered more than once. No duplicate registrations are allowed.

We will provide our Clients with step-by-step instructions on how to complete the registration process, along with the key dates and timelines, when the initial registration period nears.

Traditionally, a full H-1B petition would be prepared and filed within the first 5 business days of April. Then, we waited to find out whether the petition was selected in the lottery process. If the petition was selected, then the USCIS would adjudicate the petition. If it were not selected, then the petition was returned.

As a result of this new H1B registration rule, our clients will have 2 options in how they may want to proceed with their 2020 H1B filings:

Option 1: we begin preparing H-1B petition now, and if the beneficiary is selected in the lottery, we will file the petition shortly after (early April).

  • Option 1 Attorney’s Fees:
    • Petition preparation flat fee: $3,500
    • RFE response flat fee: $1,000 for a simple RFE; $1,500 for a complex RFE (where attorney’s time will exceed 8 hours)
    • Administrative fee of $300 for USCIS account registration (due February 22)
      • The fee includes attorney registering with the USCIS and allowing Client to link up with our USCIS account
      • Includes step by step instructions provided to Employer on how to register their USCIS account

Option 2: we will wait for the lottery results (the results are expected by March 31), and if the beneficiary is selected, we will begin preparing the petition within 90 days of selection.

  • Option 2 Attorney’s Fees:
    • Administrative fee of $300 for USCIS registration and instructions (due February 22)
      • The fee includes attorney registering with the USCIS and allowing Client to link up with our USCIS account
      • Includes step by step instructions provided to Employer on how to register their USCIS account
    • Regular Petition preparation flat fee: $3,500. The petition will be prepared and filed in approximately 90 days of lottery selection.
    • Expedited Petition preparation flat fee: $4,300. The petition will be prepared and filed within 45 days of selection.
    • RFE response flat fee: $1,000 for a simple RFE; $1,500 for a complex RFE (where attorney’s time will exceed 8 hours).

Important points for 2020 H1B filing season:

  • The registration process will be open only from March 1, 2020, 12 pm EST to March 20, 2020, 12 pm EST.
  • While the attorneys will be able to set up their USCIS accounts at any point, the employer will be able to set up their accounts starting February 24.
  • G-28 (attorney representation form) and H-1B registration function will only become available March 1, 2020.
  • Lottery selection results will be available on the USCIS account by March 31.
  • If the beneficiary is selected in the lottery, the H-1B petition can be filed within 90 days of selection.
By |2020-02-13T12:19:33-10:00February 13th, 2020|Categories: Blog Posts, Immigration Articles, News|Tags: , , |