DHS Proposes H-1B Cap Registration Fee


Today the Department of Homeland Security ("DHS") published a Notice of Proposed Rule-making in the Federal Register that would require H-1B cap-subject petitioners to pay a $10 electronic registration fee for each entry into the annual H-1B cap lottery.

Earlier this year, DHS finalized changes to the annual H-1B cap petition filing process, including an electronic registration system that U.S. Citizenship and Immigration Services ("USCIS") would use to conduct the annual H-1B cap lottery and notify petitioners who is selected in the lottery before petitions are filed.

In its announcement, DHS noted, "Because USCIS must expend resources to implement and maintain the H-1B registration system, and because USCIS operations are funded by fees collected for adjudication and naturalization services, DHS is proposing an appropriate, nominal fee for submitting H-1B registrations to recover those costs."

The public comment period for the proposed rule will last until October 4, 2019.