Important Updates
Important Updates
January 20, 2026 | CanadaCanada: Family Reunification Permanent Residence Pathway for Ukrainian Citizens Announced
January 22, 2026 | 🌐Minimum Salary Changes Announced
January 21, 2026Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030
January 21, 2026 | United StatesNew York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices
January 20, 2026Asia Pacific: Processing Delays and Closures Around Lunar New Year
January 20, 2026 | CanadaCanada: Family Reunification Permanent Residence Pathway for Ukrainian Citizens Announced
January 22, 2026 | 🌐Minimum Salary Changes Announced
January 21, 2026Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030
January 21, 2026 | United StatesNew York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices
January 20, 2026Asia Pacific: Processing Delays and Closures Around Lunar New Year
January 20, 2026 | CanadaCanada: Family Reunification Permanent Residence Pathway for Ukrainian Citizens Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

H-1B Cap Update: Decision on H-1B Cap Registration Expected This Year, Acting USCIS Director Says

November 4, 2019

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Acting USCIS Director Kenneth T. Cuccinelli has indicated that his agency expects to decide by the end of 2019 whether to implement its H-1B cap registration system for the FY 2021 cap season.
  • USCIS continues to test its online registration tool with the involvement of members of the business immigration community.
  • A rule that will impose a $10 fee for each H-1B cap registration is expected to be finalized in the coming days.

The issue

Speaking at the SHRM Global Mobility and Immigration Symposium today, Acting USCIS Director Kenneth T. Cuccinelli said that his agency continues to test an online H-1B cap registration tool and plans to notify stakeholders before the end of this year whether to implement the system for the FY 2021 cap season. 

Acting Director Cuccinelli’s remarks, made in an interview with Austin T. Fragomen, Jr., were the most definitive indications of the agency’s plans for the long-promised cap registration system. In late September, Mr. Cuccinelli told the American Immigration Lawyers Association and other business immigration advocacy groups that the agency intended to implement the system early next year, provided that there were no technology issues to prevent it from doing so. At that time, he did not provide details on the agency’s decision and implementation timeline. Testing of the system is ongoing and involves participants from the business immigration community, the Acting Director said.

H-1B cap registration in brief

Under the H-1B cap registration system, employers seeking to file H-1B cap cases would first be required to register online in order to enter the H-1B lottery. Employers would then be permitted to file full H-1B petitions only for registrations that are selected in the H-1B lottery, which they would file with USCIS during a period of at least 90 days. A regulation announcing the new system was finalized in early 2019 but implementation was postponed so that the system could be developed and tested.

A $10 registration fee would be required for each H-1B cap registration at the time of submission.  Acting Director Cuccinelli indicated that a rule finalizing the registration fee would be published in the coming days.

What this means for employers

It is still not certain whether USCIS will implement H-1B cap registration during the FY 2021 season, which begins in early 2020, but Acting Director Cuccinelli’s comments provide more clarity on the agency’s plans for the system.

Because USCIS could elect to postpone implementation once again, employers should prepare for the possibility that they will need to file complete H-1B petitions for all foreign nationals they intend to sponsor for the H-1B cap, as in past years.

Fragomen is closely monitoring H-1B cap registration and will continue to provide updates as the FY 2021 filing season nears.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Blog post

UK Earned Settlement Consultation and Indefinite Leave to Remain Changes - The Impact on the Aviation Sector 

Manager Adam Hickling, Senior Associate Veronica Ciocea and Immigration Consultant Daisy Dale analyse the UK government’s A Fairer Pathway to Settlement consultation and its potential implications for the aviation sector, including proposed changes to Indefinite Leave to Remain, settlement timelines and dependant eligibility.

Learn more

Fragomen news

Fragomen Report Highlights Global Worker Shortfall of 85 Million by 2030Learn more

Media mentions

New York Law Journal: Rapid Developments Lead Immigration Attorneys to Constantly Adjust Practices

Partner Parisa Karaahmet discusses how recent US immigration policy changes, including potential impacts on the H-1B lottery, are shaping employer planning.

Learn more

Media mentions

CTV Your Morning: Canada's Immigration System

Partner Rick Lamanna discussed Canada’s immigration system, noting backlogs, impacts on students and labour gaps tied to current immigration levels.

Learn more

Media mentions

Westlaw Today: US Green Card by Investment: EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.

Learn more

Blog post

Why Degree Equivalency Matters in the UAE 

Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.

Learn more

Video

Applying for German Citizenship: A Guide to Naturalization

Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.

Learn more

Media mentions

Global Mobility Lawyer: Wage-Weighted H-1Bs Will End “Level Playing Field”

Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.

Learn more

Media mentions

The PIE: What Maduro’s Seizure Means for Venezuelan Students Abroad

Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.

Learn more

Media mentions

Lexology Pro: H-1B Programme Braces for New Rules and Uncertainty in 2026

Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.

Learn more

Media mentions

The Irish Times: Number of Work Permits Issued Last Year Drops by Almost a Quarter

Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.

Learn more

Media mentions

Canadian Lawyer Magazine: Canada's Immigration System Is Reaching a Breaking Point: Canadian Immigration Lawyers Association

Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.