DHS Proposes H-1B Registration System And Creates Uncertainty Heading Into Cap Season

On December 3, 2018, the U.S. Department of Homeland Security (DHS) introduced a new plan that would require employers to pre-register all potential H-1B candidates for selection in the H-1B lottery. Pursuant to the proposal, an employer would be permitted to submit an H-1B petition only on behalf of a candidate whose registration was selected by U.S. Citizenship and Immigration Services (USCIS). DHS believes that the registration system will streamline the H-1B application process by limiting the total number of petitions filed by employers and adjudicated by USCIS. DHS hopes to have the new registration process operational by the start of cap season on April 1, 2019. The proposal does, however, include a provision that allows USCIS to delay implementation if the registration system is not yet ready.