On December 6, 2019, US Citizenship and Immigration Services (USCIS) confirmed that it would implement a system-wide process overhaul aimed at addressing issues and inefficiencies with the “H-1B cap season.” At the foundation of these changes, effective as of this writing, is a newly-created, yet-to-be-fully-revealed electronic registration process. While many questions remain, the H-1B cap process has clearly changed—including the deadline.
As explained in the Client Advisory, lottery registration is a deceptively simple process—on the surface, it involves a few pieces of fairly standard data. Below the surface, however, there are attestations under penalty of perjury and penalties for abusing the new system. Employers must understand their commitments and the related implications before hitting “submit” on H-1B registrations.