The proposed rule changes would require employers seeking cap-subject H-1B petitions to electronically register before the petition filing period. The employer would designate the estimated number of H-1B petitions that would be filed. USCIS would utilize the system to estimate the number of petitions expected and advise employers whether H-1B visas would be exhausted. USCIS asserts the new system will save employers effort and expense by predicting whether the employers would be able to obtain visas under the statutory cap. In the opinion of The Chander Law Firm, the proposed system would only increase abuse in a system that is already rife with exploitation. Employers would simply oversubscribe during registration. USCIS would then overestimate demand for the visas and discourage employers from rightfully petitioning for H-1B workers. The system is also redundant. H-1B petitions are already subject to random selection when the statutory cap is close to being reached. Employers will still be subject to the cost risk of random selection whether or not the new system is implemented. A more thoughtful way to utilize a registration system would be to allow for prescreening of employers for eligibility and need. Such prescreening might allow employers to streamline the H-1B process and allow for quick and prompt approval of qualified H-1B employees. A prescreening system might also reduce potential H-1B fraud by subjecting employers to higher scrutiny before they attempt to recruit foreign workers. Related Links USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses USCIS Seeks Public Comment on Proposed H-1B Registration System Fact Sheet Registration Requirement for Petitioners Seeking to File H—1B Petitions on Behalf of Aliens Subject to the Numerical Limitations, 76 Fed. Reg. 11,686 (Mar. 3, 2011) (to be codified at 8 C.F.R. pt. 214 and 299).
