Uncertainty Remains About H-1B

Uncertainty Remains About H-1B Registration Process

January 2 marked the final day for comments on a proposed rule by U.S. Citizenship and
Immigration Services (USCIS) that would implement a new registration requirement for H-1B visas for well-educated foreign professionals. This proposal would require employers looking to hire H-1B workers to first register electronically with the agency during a specified registration period

Hasty implementation of the proposal in 2019 could disrupt the Fiscal Year (FY) 2020 H-1B petition process and impose significant costs on employers  The proposed rule would also change how H-1B visa petitions are counted, likely restricting the ability of businesses to get the most qualified workers

The most obvious problem with the proposed registration system is that it is not yet functional, yet USCIS is counting on it being in place by April 1—which seems unlikely  Even if the system is up and running in time and performs as expected  it would still wreak havoc on the H-1B petition process

Companies have already devoted resources to petitioning for H-1B workers under the current system.

Having to then switch to a new system at the last minute would be costly, not to mention disruptive to businesses trying to hire the workers they need in a timely fashion. This would be particularly harmful to smaller businesses  which have fewer resources to switch gears in the middle of the petition process  But even big businesses could suffer from a crushing workload in a short span of time if they suddenly have to file multiple petitions under a new system only weeks before the FY 2020 H-1B season begins