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DHS set to Change H-1B Registration Process starting with FY 2021 Petitions

What should employers know?

USCIS is set to require H-1B petitioners to first file their intent to petition electronically during a designated registration period for the fiscal year 2021 (the law was originally set to go into effect in 2019, but it was delayed by a year). USCIS has said they will provide guidance on how to use the new system prior to the initial registration period.

Why should employers care?

USCIS claims that the steps H-1B petitioners must adhere to under the new final rule will make the process more efficient for businesses. However, the final rule states that the registration period will only last at least 14 calendar days, and the start date of this initial registration period will be posted on the USCIS website at least 30 days in advance. While DHS claims this is a “sufficient amount of time” to prepare for and complete the registration process, there is cause for concern for companies with large amounts of H-1B petitions.

What should employers do?

Employers must be on the lookout for any news from USCIS regarding this final rule. We will post updates as soon as they are announced. Training for employers who engage in the H-1B process is available HERE.

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The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

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