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On March 3, 2011, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that establishes an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. 

This rule proposes to require employers seeking to petition for H-1B workers subject to the annual caps (referred to as the ``65,000 cap'' and ``20,000 cap'' respectively) to first file electronic registrations with USCIS during a designated registration period.

This rule proposes that registration must include basic information regarding the company and beneficiary: (1) The employer's name, employer identification number (EIN), and employer's mailing address; (2) the authorized representative's name, job title, and contact information (telephone number and e-mail address); (3) the beneficiary's full name, date of birth, country of birth, country of citizenship, gender and passport number; and (4) any additional information requested by the registration or USCIS. The process would take an estimated 30 minutes to complete.

Under this proposed rule, if USCIS anticipates that the H-1B cap will not be reached by the first day that H-1B petitions may be filed for a particular fiscal year, USCIS would notify all registered employers that they are eligible to file H-1B petitions on behalf of the beneficiaries named in the selected registrations. USCIS would continue to accept and select registrations until the H-1B cap is reached. On the other hand, if USCIS anticipates that the H-1B cap will be reached by the first day that H-1B petitions may be filed for a particular fiscal year, USCIS would close the registration before such date and randomly select a sufficient number of timely filed registrations to meet the applicable cap. USCIS proposes to allow only those petitioners whose registrations are randomly selected to file H-1B petitions for the cap-subject prospective worker named in the registration. USCIS would create a waiting list containing some or all of the remaining registrations, based on USCIS statistical estimates of how many more registrations may be needed to fill the caps should the initial pool of selected registrations fall short. USCIS would notify the employers of those registrations placed on the waiting list when and if they are eligible to file an H-1B petition. Employers whose registrations were neither randomly selected to file petitions nor placed on the waiting list would receive notification that they were not selected to file petitions in that fiscal year.

USCIS is proposing to set a minimum 60-day filing window from the date of notification of selection (``selection notice'') to properly file a completed H-1B petition for the named beneficiary. USCIS would state the applicable filing deadline in each selection notice. If the H-1B petition is filed after the filing window closes, USCIS would reject the H-1B petition.

The proposed rule, which posted to the Federal Register for public viewing, contains complete details about the registration system and estimated cost savings. USCIS encourages formal comments on the proposed rule through www.regulations.gov. The comment period runs for 60 days, beginning March 3, 2011, and ending on May 2, 2011.

However, please remember, those who receive a job offer from a governmental or non-profit organization will not count towards the general H-1B cap mentioned above and will not need to meet the new registration requirement. 

As USCIS will accept H-1B capped petitions on April 1, 2011, if you are interested in filing an H-1B petition and get sponsorship from your prospective employer, it is imperative that you act quickly. Please contact our experienced attorney staff at info@hooyou.com for a free evaluation. We will ensure that your application is handled promptly.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past fourteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

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Email：	info@hooyou.com
website：	http://www.hooyou.com

 

(03/04/2011)

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