Earlier this year, USCIS published a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions.
The electronic registration for FY 2021 would require petitioning employers to complete an electronic pre-registration prior to filing. From the electronic pre-registrations, the USCIS would select cases eligible to be filed and provide the petitioning employers a definitive time frame during which the H-1B petition must be filed.
USCIS also mentioned that they have conducted an initial round of usability testing for the H-1 B registration tool and have incorporated feedback from those sessions into redesigns of the tool. USCIS conducted testing on the updated designs in early September. After completion of the current development phase, USCIS will conduct further outreach and training prior to the initial implementation of the registration system to allow the public the opportunity to familiarize themselves with the electronic registration process. USCIS will provide guidance on how to use the registration system and prepare registrations prior to opening the registration system for the initial registration period.