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Home Uncategorized US dept proposes a minimal E-registration fee for H-1B sponsoring companies

US dept proposes a minimal E-registration fee for H-1B sponsoring companies

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MUMBAI: The US Department of Homeland Security (DHS) in a notification released on Tuesday night, has proposed a minimal fee of $10 for each electronic registration that employers sponsoring H-1B cap visas will submit.


“The level of this fee appears rational,” says a legal consultant attached to an IT Consulting company, which typically sponsors several H-1B employees each year. “Last August, the fees for premium processing had been revised significantly to $1,410 from $1,225,” he pointed out. Premium processing, if available, enables sponsoring employers to request adjudication of their application by the US Citizenship and Immigration Services (USCIS) within 15 days. The basic filing fee for an H-1B visa is $460, but various other fees (excluding premium processing fees) bring the total up to upward of $3,000 per application. Fees payable to immigration attorneys are an added cost.

Because USCIS must expend resources to implement and maintain the H-1B registration system, and because USCIS operations are funded by fees collected for adjudication and naturalization services, DHS is proposing an appropriate, nominal fee for submitting H-1B registrations to recover those costs,” states a DHS release.
Public comments are open for a month, as regards this proposal, and will be accepted up to October 4. TOI in its editon of August 21, had pointed out that electronic pre-registration is likely to be introduced for the coming H-1B cap filing season in April 2020.



In the first few days of April each year, USCIS opens a window for filing of the H-1B cap applications. Owing to the huge number of applications, the annual quota of 85,000 (including Masters’cap quota of 20,000) is met within a few days itself. For applications that will be filed in coming April, the earliest the successful applicants will be able to work in the US, will be from October 1, 2020.
The final rules for the electronic pre-registration requirement were announced in January, however its implementation was kept in abeyance for H-1B applications that were filed in April, 2019.



Under the electronic registration requirement, sponsoring employers seeking to file H-1B cap applications, have to first electronically register with USCIS during a designated registration period. Only those whose registrations are selected will be eligible to file an H-1B cap-subject application.
In other words, sponsoring employers would be saved from filing extensive documentation for all applications just for entry into the lottery, as is being done currently. The documentation is exhaustive, especially for employers, such as IT service companies, who place their H1B employees at client sites. The applications are then subject to a random lottery process, selected applications are then further processed and approved or rejected.



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