Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy

1615-AB71 201710 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1615 U.S. Citizenship and Immigration Services USCIS 1600 Department of Homeland Security DHS Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Aliens Subject to Numerical Limitations

The Department of Homeland Security proposes to amend its regulations governing petitions filed on behalf of alien workers subject to annual numerical limitations. This rule proposes to establish an electronic registration program for petitions subject to numerical limitations for the H-1B nonimmigrant classification. This action is being considered because the demand for H-1B specialty occupation workers by U.S. companies has often exceeded the numerical limitation. This rule is intended to allow USCIS to more efficiently manage the intake and lottery process for these H-1B petitions. The Department published a proposed rule on this topic in 2011. The Department intends to publish an additional proposed rule in 2018. The proposal may include a modified selection process, as outlined in section 5(b) of Executive Order 13788, Buy American and Hire American.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No Other 8 CFR 214 8 U.S.C. 1184(g) Yes

This regulation would help to streamline the process for administering the H-1B cap process and to ensure that H-1B visas are awarded to the most skilled or highest-paid petition beneficiaries.

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DHS is currently in the process of considering policies that align with our overarching goals of ensuring the allocation of H-1B cap numbers are provided to the best and brightest foreign national beneficiaries, and ensuring that the operational process is as efficient as possible.

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While DHS is currently in the process of assessing the costs and benefits of the policy changes under consideration, DHS believes that in aggregate the proposed changes would result in better resource management and predictability for both USCIS and petitioning employers. DHS anticipates that implementing a pre-registration process could benefit the regulated public by potentially reducing the cost and time involved in petitioning for H-1B nonimmigrants, through an up-front cap selection process where only those employers who have obtained a cap number would be required to submit the entire Petition for a Nonimmigrant Worker, Form I-129.

]]> ]]> NPRM 03/03/2011 76 FR 11686 NPRM Comment Period End 05/02/2011 NPRM 02/00/2018 USCIS 2443-08. Includes Retrospective Review under E.O. 13563. Yes Businesses None No No www.regulations.gov www.regulations.gov Yes No Brian Hunt Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy 1615 U.S. Citizenship and Immigration Services USCIS 202 272-8377 202 272-1480 brian.j.hunt@uscis.dhs.gov 20 Massachusetts Avenue NW, Suite 1200, Washington DC 20529-2200