uscis issues notice of proposed changes to h-1b cap registration – will not affect this year’s filings!

On March 3rd, 2011, USCIS proposed a change to the rules related to how U.S. employers would be required to file H-1B visa petitions which are cap subject.  The H-1B program allows U.S. employers to petition annually to employ foreign professionals – up to 65,000 foreign workers with Bachelor’s degrees, and an additional 20,000 with U.S. Master’s degrees.

The proposed rule seeks to require U.S. employers wishing to file petitions for H-1B workers subject to the cap to first file electronic registrations with USCIS during a designated advance registration period.  If USCIS anticipates that the H-1B cap will not be reached on the first day that H-1B petitions are filed, it would notify all registered employers that they are eligible to file on behalf of the foreign nationals named in the selected registrations.  USCIS would thereafter continue to accept selected registrations until the H-1B cap is reached.  If USCIS anticipates that the H-1B cap would be reached on the first filing day of a particular year, USCIS would close the advance registration period before such date and randomly select a sufficient number of timely filed registrations to meet the applicable cap and notify all registered employers whether or not they may now file the petition. 

USCIS anticipates that this new process would reduce administrative burdens and associated costs on employers who currently spend significant time and resources compiling the petition and supporting documentation without the certainty that the petition will be accepted. 

It is important for our clients to note that this new rule will not affect H-1B filings for this year – USCIS will begin accepting cap H-1B petitions (without any preregistration requirement) as of April 1, 2011.

This “preregistration” process is described by USCIS as a solicitation of general information from U.S. employers concerning their identities and the identity of the proposed H-1B hire.  We will keep our clients updated as to formal adoption of these regulations and we stand ready to assist our clients regarding the registration requirements for next year’s H-1B cap season!

For Further Information On How We Can Help Your Firm Meet Its Employment Eligibility Verification Obligations, Please Contact Amy Wildes At amy@wildeslaw.com

In The News

Testimonials

I received my Green Card from Michael Wildes and his firm some days ago. The petition approval and Green Card release represent a real achievement for people like me in the US. Michael Wildes and his team are excellent, and...

Luca Zammataro Date : November 22, 2022

Dear Michael Wildes, my husband and I would like to thank you and your team,  the work was not easy, especially in the statement, there were a lot of flaws, but we managed to correct everything in a short time,...

Jacques Carline Date : August 3, 2022

Our client David came to us after spending more than three years stuck in the immigration court morass with another attorney. His individual hearing wasn’t scheduled to occur for over a year, and he thought it might get pushed off...

David E. Date : June 8, 2022

Josh Wildes and Yoni Jonas are amazing! We sought Wildes & Weinberg help because our application for naturalization was taking a long time and seemed to be stuck in the system indefinitely. Within two weeks of submitting our paperwork to...

Daniela Bustamante Date : June 1, 2022

Michael Wildes and the rest of the team at Wildes & Weinberg were tremendously helpful in navigating us through the complexities of the immigration process. We are really happy with their service and would 100% recommend them to anyone looking...

Alan Herskowich and Nicole Woroszylski Date : May 26, 2022

Michael and his team are very professional and they always deliver. If you're looking to hire the best possible immigration law firm, you don't have to look any further, Wildes & Weinberg is the one.

Nick Holmstren Date : January 7, 2022

Walter Gottschalk and Michael Wildes at Wildes & Weinberg P.C Law Offices have been fantastic partners in our immigration journey. They were professional and helpful. I would recommend them without hesitation.

Bruno Caron and Melanie St. Amour Date : December 2, 2021

Video Testimonials

  • Book Launch

  • Book Warming

  • Riley Keough

  • Boy George

  • Lionel Richie

  • Stuart Varney

Quick Contact

*All fields are mandatory

Best Immigration Lawyer, Attorneys in NYC, New York