As we approach the H-1B cap for the year, The United States Citizenship and
Immigration Services (USCIS) is looking for ways to handle the H-1b cap lottery in a more efficient way.
Prior to this year, employers had to file petitions even in cases where the numerical limitation had been reached in order to be considered for the lottery system which allocates the last available H-1B visas.
Once the lottery was conducted, the petition and filing fees are refunded to employers not selected.
This process took several months and the USCIS held on to employers fees until process was concluded. The system was not ideal for the employer who had to prepare and file the petitions and wait for the lottery. It was also not workable for the USCIS, which had to handle the large volume of refunds and petition returns.
This year the USCIS is trying to do business differently. They are working towards a mandatory internet-based electronic registration system for employers who will be looking to file H1-B petitions. The system would be in place for alien workers subject to the 65,000 or 20,000 caps.
The goal would be to lessen administrative burdens at the USCIS's service centers, as well as provide employers certainty they won't file a petition after the cap has already been filled. The system also will be set up to prevent multiple registration by the same
employer by accepting only the first registration.
The USCIS points out that filing a petition is a great expense and this online registration would ease the burden, particularly for smaller businesses.
