What You Need to Know About the H-1B Registration Process
Public Charge Final Rule
USCIS Updates Process for Accepting Petitions for Relatives Abroad
Buy American and Hire American: Putting American Workers First and Protecting the Interests of U.S. Workers
USCIS is implementing a new electronic H-1B registration process for the FY 2021 H-1B cap. Employers seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first create an online account and then electronically register and pay the associated $10 non-refundable H-1B registration fee for each beneficiary.
USCIS will open the initial registration period for the FY 2021 cap at noon ET on March 1, 2020. The initial registration period will remain open through noon ET on March 20, 2020. Registrants and representatives may create accounts beginning Feb. 24 and register throughout the initial registration period; selections will take place after the initial registration period closes, so there is no requirement to register on March 1.
ALERT: USCIS will implement the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020, except in Illinois, where the final rule remains enjoined by a federal court (as of Feb. 5, 2020). Except in Illinois, the final rule will apply only to applications or petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. For applications and petitions sent by commercial courier (such as UPS, FedEx and DHL), the postmark date is the date reflected on the courier receipt. When determining whether an alien subject to the public charge ground of inadmissibility and the Final Rule is likely to become a public charge at any time in the future, DHS will not consider an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Feb. 24, 2020. Similarly, when determining whether the public benefits condition applies to applications or petitions for extension of stay or change of status, USCIS will only consider public benefits received on or after Feb. 24, 2020. For more information, see our news release.
We posted updated forms and submission instructions to give applicants, petitioners, and others time to review updated procedures and adjust filing methods.
We are issuing guidance (PDF, 335 KB) in the USCIS Policy Manual to address the Inadmissibility on Public Charge Grounds final rule. For more information, see our policy manual.
DHS remains enjoined from implementing the final rule in Illinois. If the injunction in Illinois is lifted, we will provide additional public guidance.
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We issued policy guidance (PDF, 316 KB) in the USCIS Policy Manual to address the limited circumstances in which USCIS has delegated authority to the U.S. Department of State to accept and adjudicate the Form I-130 filed abroad at U.S. embassies and consulates. This guidance becomes effective February 1, 2020.
On April 18, 2017, President Trump signed the Buy American and Hire American Executive Order, which seeks to create higher wages and employment rates for U.S. workers and to protect their economic interests by rigorously enforcing and administering our immigration laws. It also directs DHS, in coordination with other agencies, to advance policies to help ensure H-1B visas are awarded to the most-skilled or highest-paid beneficiaries.
USCIS is working on a combination of rulemaking, policy memoranda, and operational changes to implement the Buy American and Hire American Executive Order. We are creating and carrying out these initiatives to protect the economic interests of U.S. workers and prevent fraud and abuse within the immigration system.
U.S. Citizenship and Immigration Services will not use pre-paid mailers to send out any communication or final notices for fiscal year 2021 cap-subject H-1B petitions, including those requesting consideration under the advanced degree exemption.
This video provides step-by-step information on how to create a USCIS online account. Once you have an account, you will be able to file forms and pay fees from your computer, phone, or tablet. You will also be able to receive status updates and communicate with us securely about forms you file online.