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Significant Changes In Store For H-1B Filings In 2020

As we all know, significant changes are in store for H-1Bs for FY2020, perhaps the biggest since the implementation of the program. USCIS envisions implementing a registration period where companies will pay a minimal $10 fee and provide information about themselves, the beneficiary they intend to hire, and basic information about the job. USCIS will then conduct the random lottery and notify those selected, at which point they will be permitted to file H-1B petitions for processing and adjudication. In theory, this would help eliminate some of the inefficiencies of the previous H-1B system, where all H-1B petitions had to be prepared and submitted to USCIS by April 1st, and only then would the lottery and (potential) selection occur. But the immigration lawyer community is filled with doubts and questions about this new system. When exactly is it going to be rolled out? Is it even going to work? The government does not exactly have a great track record when it comes to developing functioning new electronic systems. What safeguards will there be to prevent bad faith actors from spamming or otherwise abusing the registration system? It does appear that potential registrants will have to attest that they in fact intend to file an H-1B petition for the individual listed, but will that be enough to prevent fraud and abuse? These potential changes and this new registration system is fraught with doubts and pitfalls; we nervously anticipate what the future will hold for H-1Bs. We will keep our readers informed as the situation change


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