H-1B Visa Registration System Proposed Starting March 2012

USCIS has proposed a new H-1B visa registration system for cap-subject H-1B visa petitions. The H-1B registration system will require H-1B employers to file a registration for each H-1B visa petition with USCIS. Only registered employers may file H-1B petitions. Employers may only file for  registered H-1B Visa Beneficiaries. USCIS will set aside a 2 week H-1B registration period in March of each fiscal year. They will provide public notice of that H-1B visa registration period well in advance.

Under the new system, companies would be unable to substitute H-1B visa Beneficiaries once registered. Moreover, the system will require basic information. This would include basic Employer information (company name, employer ID, address). It would also include basic information on the prospective H-1B Beneficiary (name, date/place of birth, country of citizenship, passport number).

If USCIS anticipates that they will not reach the annual H-1B cap by the first filing day, they would notify registered employers that they may file H-1B petitions for any registered Beneficiary. USCIS will then continue accepting H-1B visa registrations until the annual quota is full.

If USCIS anticipates that they will reach the H-1B cap the first day of H-1B filing, they will close registration. They would then randomly select enough timely-filed H-1B registrations to meet the cap. The Service would then create a wait list based on statistical estimates of H-1B registrations necessary to fill the cap. If the initial pool falls short, they will notify those on the wait list that they are eligible to file registered H-1B visa petitions.

Once USCIS has accepted an employer’s H-1B visa registration, they will notify them that the registration was successful. That employer will then have no less than 60 days from the date of the selection notice to file a complete H-1B petition.