Immigration Law Insights

It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released.  DHS published a notice in the Federal Register on January 9, 2020, which officially announced the process.

Under the new system, employers, or their legal representative, will complete an online registration process, at a cost of $10.00 per petition, which requires basic information about the company and the requested H-1B beneficiary.  Information such as employer legal name, employer identification number, country of birth and citizenship of the proposed beneficiary, and passport number will be required in the registration portal.  At this point, a job title is not required and establishing ability to meet the stringent H-1B “specialty occupation” standard is not required for registration.  Registrations will occur through an immigration portal set up by the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS).

The H-1B lottery will be conducted based on the electronic registrations received by USCIS from March 1 to March 20, 2020.  USCIS plans to notify employers and/or their representatives regarding selected registrations no later than March 31, 2020.  The filing of petitions may begin on April 1, 2020, with at least a 90-day window to file the full H-1B petition.

In an effort to provide additional details about the new process, USCIS will hold two webinars on the registration process.  A webinar for employers will be held on February 6, 2020, with a second webinar geared toward legal representatives on February 11, 2020.

With the new regulatory changes, it is more important than ever to work closely with immigration counsel to determine your optimal H-1B strategy and plan.  Burr & Forman’s immigration team routinely handles H-1B filings in a variety of industries.