DHS/USCIS/PIA-034 H-1B Visa Cap Registration

In January 2019, the Department of Homeland Security (DHS) amended the regulations governing H-1B cap-subject petitions and introduced an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. This Final Rule required employers seeking to file H-1B cap-subject petitions, including those who may be eligible for the advanced degree exemption based on the attainment of a bachelor’s or higher academic degree in the specialty field, to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. The final rule also reversed the order by which USCIS selects petitions under the H-1B regular cap and the advanced degree exemption. While the cap allocation amendment within the rulemaking went into effect and applied to Fiscal Year (FY) 2020 cap allocations, the electronic registration requirement is now being implemented starting with the FY 2021 cap allocations in March 2020.

DHS published a notice, Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens, in the Federal Register on January 9, 2020, to announce that the registration requirement will first be implemented on March 1, 2020. In addition, USCIS will begin using the H-1B Registration Random Selection Process and the electronic H-1B Registration Tool. This PIA is being conducted because the implementation of the H-1B Registration Random Selection Process and use of the electronic H-1B Registration Tool alters existing practices related to the collection, maintenance, and use of personally identifiable information (PII) from petitioners seeking to file H-1B cap-subject petitions with USCIS or legal representatives filing H-1B cap-subject petitions on behalf of petitioners. March 2020

Associated SORN(s):

• DHS/USCIS-007 Benefits Information System