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H-1B: Courting disaster, imposing fees

The USCIS may be courting disaster if it proceeds without beta-testing its H-1B visa registration system, a Forbes contributor warns. Meanwhile, a proposed fee for companies to make use of the electronic filing system has cleared a hurdle, Mintz law firm reports.

Calls for beta testing. Business and education groups warn that US Citizenship and Immigration Services may court disaster if it implements a new electronic system for H-1B petitions without sufficient testing and input from employers, writes Forbes Contributor Stuart Anderson. The registration system, based on a regulation finalized in January [1], is expected to be used in April 2020 for the FY 2021 H-1B cap season.

In an Aug. 16 letter to USCIS Acting Director Kenneth Cuccinelli, 15 organizations  urged the agency to “engage in extensive beta testing of the system, with maximum participation and feedback from a wide range of interested stakeholders, before the system is required for use to ensure a smooth transition to the new electronic registration system and minimize the risk of disruptions.”

Fees get OMB approval. The Office of Management and Budget has cleared a proposed fee for companies to make use of the H-1B visa electronic filing system, write John F. Quill, Susan J. Cohen [2], attorneys with law firm Mintz. The fee is expected to be in $10 to $20 per application and would pertain to applications under the H-1B Visa Cap Registration system. Currently, the annual cap for the foreign worker visas is 85,000; The number of applications has far exceeded the cap in each of the last several years.

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