H1B Visa Registration Process: What You Need to Know

Beginning for the 2021 fiscal year, all employers wishing to submit H1B cap-subject petitions must first electronically register with USCIS. This is required for all H1B cap-subject petitions, including for those with advanced degrees. There is a $10 fee for this registration.

In this guide, I will explain what you need to know about the H1B visa registration process. If you have any questions, feel free to email me directly at contact@ashoorilaw.com. I’m very responsive via email and I would be happy to help you.

1. What does the H1B registration process do?

This registration process creates a list of all petitioners interested in hiring H1B workers and a list of all potential H1B cap-subject beneficiaries. This will be the first step in the H1B application process and, if more applications are submitted than can be approved, a lottery system of the petitioners in the registration system will determine who can then, subsequently, submit a petition.

2. How do you complete the registration process?

This process will be completed online with USCIS. Petitioners can begin registering on March 1^st. The registration process will ask for basic information about the petitioner and the business, as well as the potential beneficiary. The fee to register with USCIS through this program is $10. Please note that you may list multiple beneficiaries on one submission; however, if you submit multiple registrations for one beneficiary, all of your applications will be denied.

3. Who needs to complete the registration?

The petitioner, or their attorney or other accredited representative, must complete the registration process. Any petitioner hoping to hire an H1B cap-subject beneficiary must complete this registration process. This includes petitions for beneficiaries with advanced degrees. However, if you are submitting a petition for an H1-B1 beneficiary or someone who is otherwise not counted toward the H1B visa cap, you do not need to register.

4. When do you need to register?

The registration portal opens up March 1^st. As has occurred in the past, there will be more applicants than available H1B visas. If the number of applicants that can be considered is met before March 5^th, there will be a lottery system to randomly determine which of the applicants who submit their applications in the first five days will be chosen to be allowed to submit their petitions. Therefore, it is crucial that you submit your application as early as possible. If your registration submission is chosen, you will be informed by March 31^st and can then submit a petition after April 1^st for a period of 90 days.

5. Where do you submit the information for registration?

United States Citizenship and Immigration Services (USCIS) is in charge of the H1B visa process. You will submit your registration online via the portals created for the employer, which is a separate portal than the one created for the attorney. These portals are accessible via the USCIS website. They will be launched around the middle to end of February 2020. Additionally, as this is the first time the registration process will be used, USCIS may release more information about the registration process on their website.

6. Why is this program being implemented?

This program is being implemented to reduce the time and money spent by petitioners and to help streamline the process. Under the previous system, all petitioners would submit a whole petition, and the majority of these were not chosen in the lottery process. In the new system, petitioners who are not chosen will have spent only $10 on the registration fee. Furthermore, they will have only spent the time required to provide some basic information and not to complete an entire petition. This registration process should help create a more effective H1B visa application process.

7. Conclusion

This new H1B registration process will take effect for the 2021 fiscal year, and registration will begin on March 1, 2020. All petitioners for H1B cap-subject beneficiaries must complete this registration process. This process will create a database for USCIS of all H1B petitioners and beneficiaries, and lead to a more efficient H1B application process.

This is a new process, so we will continue to post any updates as they are announced on our website. Additionally, if you have any questions or would like assistance with the H1B registration and application process, myself and my team would be happy to assist. Please feel free to email me directly at contact@ashoorilaw.com. I am very responsive via email and would be happy to help you.

Resources:

• https://www.uscis.gov/news/news-releases/uscis-announces-implementation-H1B-electronic-registration-process-fiscal-year-2021-cap-season

• https://www.federalregister.gov/documents/2019/01/31/2019-00302/registration-requirement-for-petitioners-seeking-to-file-H1B-petitions-on-behalf-of-cap-subject