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DHS/USCIS RIN: 1615-AC36 Publication ID: Fall 2019 
Title: Fee for Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens 
Abstract:

The Department of Homeland Security (DHS) will propose to amend its regulations to require a fee for H-1B registrations required by 8 CFR 214.2(h)(8)(iii)(A)(1).

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 8 CFR 103.7   
Legal Authority: 8 U.S.C. 1356(m)   
Legal Deadline:  None

Statement of Need:

This fee will enable USCIS to recover a portion of the costs for operating the H-1B beneficiary registration system.

Summary of the Legal Basis:

INA section 286(m), 8 U.S.C. 1356(m) authorizes DHS to charge fees for adjudication and naturalization services at a level that will ensure recovery of the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants. The CFO Act, 31 U.S.C. 901-03 requires each agency’s Chief Financial Officer (CFO) to review, on a biennial basis, the fees imposed by the agency for services it provides, and to recommend changes to the agency’s fees.

Alternatives:

Anticipated Costs and Benefits:

DHS is currently still considering the specific cost and benefit impacts of this proposed provision.

Risks:

Timetable:
Action Date FR Cite
NPRM  09/04/2019  84 FR 46460   
NPRM Comment Period End  10/04/2019 
Final Rule  11/08/2019  84 FR 60307   
Final Rule Effective  12/09/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
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: No 
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