A recent Department of Homeland Security (DHS) memo reveals that US Citizenship and Immigration Services (USCIS) plans to propose a registration requirement for employers who seek to hire foreign workers subject to the H1B CAP limitations. The memo states that the registration requirement would start with H1B classifications and other classifications would be added as needed.
The proposed registration requirement would require employers to complete an electronic registration in order to be considered for available H1B CAP numbers. This proposal comes from the mass quantities of H1B CAP cases that are filed each year in an attempt to obtain a CAP number. While a total of 65,000 CAP numbers are available each year, that number is often surpassed within the first weeks of the new H1B fiscal year. In attempts to obtain CAP numbers under the current system, employers file petitions blindly hoping to get randomly selected for an H1B CAP number before the numbers fill. The current process wastes time and resources for the potential employee, employers and USCIS.
Under the proposed registration method, employers would apply for CAP numbers ahead of time and would be notified in advance if they are awarded a H1B CAP number. The new process would be an attempt to save time and resources for all those involved in the H1B CAP process.