On November 7, 2019, US Citizenship and Immigration Services (USCIS) announced a final rule amending Department of Homeland Security regulations to require a non-refundable $10 fee for each H-1B registration submitted by petitioning employers, once USCIS implements its new electronic registration system (84 Fed. Reg. 60307 (Nov. 8, 2019)). The H-1B nonimmigrant visa status allows US companies to employ foreign workers on a temporary basis in jobs that require a college degree, or its equivalent, in the specific specialty. The H-1B visa classification is the one most commonly used by employers, but new H-1Bs are numerically limited each fiscal year (called the H-1B cap).

USCIS plans to implement a registration system for the fiscal year 2021 H-1B cap selection process. Once the electronic system is put into operation, petitioners filing H-1B cap-subject petitions will have to electronically register with USCIS during a specific registration period (see Legal Update, DHS Publishes Final Rule on Filing and Selection Processes for H-1B Cap Cases; Preparing for the FY2020 H-1B Cap Season).

The registration fee, payable at the time of registration submission, will allow for the recovery of some of the costs of implementing and maintaining the registration system. The final rule, titled Registration Fee Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens, becomes effective on December 9, 2019.