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H-1b filing season gets into full-swing for h-1b employers and prospective h-1b employees.

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  • H-1b filing season gets into full-swing for h-1b employers and prospective h-1b employees.

    U.S. Citizenship and Immigration Services on Dec 6, 2019, announced a requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10.00 H-1B registration fee before filing a petition. USCIS will open an initial registration period for a minimum of 14 calendar days each fiscal year.

    ● During this initial registration period, prospective petitioners or their authorized representatives must electronically submit a separate registration naming each alien for whom they seek to file an H-1B cap-subject petition.

    ● If a sufficient number of registrations are received, USCIS will randomly select the number of registrations projected as needed to reach the H-1B numerical allocations after the initial registration period closes and no later than March 31, 2023. Prospective petitioners with selected registrations will be eligible to file a cap-subject petition only for the alien named in the registration.

    USCIS will not consider a cap-subject petition properly filed unless it is based on a valid registration selection for the same beneficiary, and the appropriate fiscal year. Additionally, although petitioners can register multiple aliens during a single online submission, duplicate registrations for the same beneficiary in the same fiscal year will be discarded.

    What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? To better prepare for the H-1B cap season, this article endeavors to summarize a few practice pointers that every prospective H-1B employer and employee needs to know.​