March 7, 2011
The Department of Homeland Security has proposed a new regulation requiring employers seeking to petition for H-1B workers subject to the cap to first file electronic registrations with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. If the cap is reached on the first day of eligible filing, the USCIS will randomly select the petitioners who have registered and put others on the wait list. Once employers/petitioners have been notified that they have been allocated a number for a beneficiary under the cap, they will have 60 days within which to submit the petition documents.
The Notice published in the Federal Register allows 60 days for comment. This new regulation will NOT be in effect this year. It is anticipated it will go into effect for the H-1B filing period beginning April 1, 2012.
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