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DHS/USCIS RIN: 1615-AB71 Publication ID: Spring 2019 
Title: Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens 
Abstract:

The Department of Homeland Security proposes to amend its regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted under section 214(g)(1)(A) of the Immigration and Nationality Act (INA) ("H-1B regular cap") or under section 214(g)(5)(C) of the INA ("H-1B master's cap"). 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. employers has often exceeded the numerical limitation. This rule is intended to allow U.S. Citizenship and Immigration Services (USCIS) to more efficiently manage the intake and selection 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.

 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 214   
Legal Authority: 8 U.S.C. 1184(g)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/03/2011  76 FR 11686   
NPRM Comment Period End  05/02/2011    
NPRM  12/03/2018  83 FR 62406   
NPRM Comment Period End  01/02/2019 
Final Rule  01/31/2019  84 FR 888   
Final Rule Effective  04/01/2019 
Additional Information: USCIS 2443-08. Includes Retrospective Review under EO 13563.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
Brian Hunt
Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW, Suite 1200,
Washington, DC 20529-2200
Phone:202 272-8377
Fax:202 272-1480
Email: brian.j.hunt@uscis.dhs.gov