Important Updates
Important Updates
June 24, 2025 | OmanOman: Grace Period Announced for Foreign Nationals in Irregular Status
June 24, 2025 | GuyanaGuyana: Delays in Visitor Visas and Extensions of Stay
June 24, 2025 | IndonesiaIndonesia: Short-Term Visa Policies Updated
June 24, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 24, 2025 | New ZealandNew Zealand: Travel to be Eased for Chinese Tourists
June 24, 2025 | OmanOman: Grace Period Announced for Foreign Nationals in Irregular Status
June 24, 2025 | GuyanaGuyana: Delays in Visitor Visas and Extensions of Stay
June 24, 2025 | IndonesiaIndonesia: Short-Term Visa Policies Updated
June 24, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 24, 2025 | New ZealandNew Zealand: Travel to be Eased for Chinese Tourists
June 24, 2025 | OmanOman: Grace Period Announced for Foreign Nationals in Irregular Status
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

DHS Finalizes H-1B Cap Registration Fee

November 7, 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

  • When USCIS implements its long-planned H-1B cap registration system, employers will be required to pay a $10 fee for each case entered into the cap lottery.
  • Payment can be submitted by inputting credit card, debit card, checking account or savings account information directly into the H-1B registration portal. Batch registration and payment will be accepted.
  • USCIS is expected to announce by the end of 2019 whether it will implement its H-1B cap registration requirement, along with the $10 registration fee, for the FY 2021 cap season.

The issue

The Department of Homeland Security (DHS) is moving forward with plans to impose a $10 non-refundable fee for each H-1B registration submitted by petitioning employers in the forthcoming H-1B cap registration portal, according to a rule that will be published in the Federal Register on November 8.  The $10 fee will become mandatory when USCIS implements the new H-1B cap registration requirement, the timeline for which has not yet been announced.

Earlier this week, Acting USCIS Director Kenneth T. Cuccinelli indicated that his agency plans to implement the registration requirement for the FY 2021 cap season, provided that the online registration technology is ready for public use. The agency is expected to announce before the end of this year whether it will use the registration tool in the upcoming cap season.   

As a reminder, the H-1B registration requirement, which was finalized in early 2019, will require petitioning employers seeking to file H-1B cap cases to first register beneficiaries online for the H-1B lottery. Employers would file full H-1B petitions only for registrations that are selected in the cap lottery.

Making a payment in the H-1B cap registration portal

Employers will be required to pay a $10 non-refundable fee for each H-1B cap registration at the time of submission in the H-1B online registration portal. This payment – which can be submitted by the employer or an attorney with a G-28 Notice of Entry of Appearance on file – can be made by credit or debit card, or from a checking or savings account. Cash, certified (bank) checks and money orders will not be accepted. 

Online payments will be facilitated through Pay.gov, the federal government’s online fee system. However, unlike other USCIS online filings, Pay.gov will only provide the back-end architecture for accepting fees in the online portal; a separate Pay.gov account or log-in is not necessary.

Batch filings and payments will be accepted

DHS has confirmed that batch registrations and payments will be accepted in the online portal. There will be no limit to the number of beneficiaries an employer can register at one time, and the system will aggregate the total payment for each batch. There will also be no limit on the number of batches an employer may submit during the registration period. Employers need only provide corporate and payment information per batch submitted; however, corporate and payment information must be resubmitted when filing a subsequent batch. 

If registration is implemented for the FY 2021 cap season, USCIS is expected to conduct stakeholder outreach and training on the payment process. 

What this means for employers

It is still not certain whether USCIS will implement H-1B cap registration and the related $10 fee during the FY 2021 cap season, which begins in early 2020, though clarity on this is expected by the end of this year. 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 cap 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

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

A New Beginning: The Rise of Highly Skilled Visa and Digital Nomad Visa Options in APAC

Practice Leader Kate Praphakornphiphat, Senior Manager Amy Zhang, Immigration Program Manager Melissa Ngeow and Senior Knowledge Management Specialist Faye Amorado discuss the increasing popularity of highly skilled visas and digital nomad visas in the Asia-Pacific region.

Learn more

Fragomen news

Canada's Semiconductor Council: Strengthening Canada’s Semiconductor Talent Pipeline for Global Competitiveness

Partner Cosmina Morariu contributed to Canada’s Semiconductor Council 2025 Talent & Workforce Development report, highlighting immigration’s role in closing talent gaps.

Learn more

Awards

Fragomen Recognized with Community Service Award at Woori Center 2025 Gala

Fragomen was honored with the Community Service Award at the Woori Center 2025 Gala on June 21, 2025 in Philadelphia.

Learn more

Media mentions

People Management: How HR Can Prepare for the ETIAS Rollout

Manager Andreia Florina Ghimis explains how HR teams can prepare for the EU’s new ETIAS travel authorisation system by communicating changes, supporting employees and ensuring compliance.

Learn more

Blog post

Not Getting Selected in the H-1B Lottery is Not the End of the Road: Other Options May Be Available

Partner Parisa Karaahmet and Associate Mehmet Esat Acar discuss how not being selected in the H-1B lottery is not the end of the road, as other visa options may be available.

Learn more

Media mentions

The Athletic: Trump Travel Ban, New Revenue-Sharing Model Create Uncertainty for International College Athletes

Partner Aaron Blumberg explains how visa delays and evolving rules are creating new challenges for international college athletes in the US.

Learn more

Media mentions

Welt: Mehr Einwanderung dank „Super-Agentur“ – die heiklen Migrationspläne der Regierung

Partner Marius Tollenaere discussed how a digital “Super-Agency” could streamline Germany’s skilled migration.

Learn more

Blog post

Crisis Preparedness Amidst Geopolitical Uncertainty

Senior Immigration Program Manager Alexia Prior and Senior Immigration Programme Consultant Julia Daoud discuss the importance of crisis preparedness in the face of geopolitical instability, emphasizing proactive strategies and resilience planning.

Learn more

Video

South African Citizenship Updates | #MobilityMinute

In this Mobility Minute, Immigration Consultant Caryn Esther Fisher discusses recent South African citizenship updates.

Learn more

Awards

Utah Business Recognizes Fragomen Salt Lake City Lawyers in 2025 Legal Elite Awards

Partner F. Joseph Paldino, Senior Associate Clark Cannon and Associate Mallorie Mecham are recognized in Utah Business’s 2025 Legal Elite.

Learn more

Media mentions

Axios: Immigration Crackdown Fears Hit White-Collar Offices

Partner Daniel Pierce discussed how heightened immigration enforcement is causing employers to review work authorization and staffing decisions.

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

A New Beginning: The Rise of Highly Skilled Visa and Digital Nomad Visa Options in APAC

Practice Leader Kate Praphakornphiphat, Senior Manager Amy Zhang, Immigration Program Manager Melissa Ngeow and Senior Knowledge Management Specialist Faye Amorado discuss the increasing popularity of highly skilled visas and digital nomad visas in the Asia-Pacific region.

Learn more

Fragomen news

Canada's Semiconductor Council: Strengthening Canada’s Semiconductor Talent Pipeline for Global Competitiveness

Partner Cosmina Morariu contributed to Canada’s Semiconductor Council 2025 Talent & Workforce Development report, highlighting immigration’s role in closing talent gaps.

Learn more

Awards

Fragomen Recognized with Community Service Award at Woori Center 2025 Gala

Fragomen was honored with the Community Service Award at the Woori Center 2025 Gala on June 21, 2025 in Philadelphia.

Learn more

Media mentions

People Management: How HR Can Prepare for the ETIAS Rollout

Manager Andreia Florina Ghimis explains how HR teams can prepare for the EU’s new ETIAS travel authorisation system by communicating changes, supporting employees and ensuring compliance.

Learn more

Blog post

Not Getting Selected in the H-1B Lottery is Not the End of the Road: Other Options May Be Available

Partner Parisa Karaahmet and Associate Mehmet Esat Acar discuss how not being selected in the H-1B lottery is not the end of the road, as other visa options may be available.

Learn more

Media mentions

The Athletic: Trump Travel Ban, New Revenue-Sharing Model Create Uncertainty for International College Athletes

Partner Aaron Blumberg explains how visa delays and evolving rules are creating new challenges for international college athletes in the US.

Learn more

Media mentions

Welt: Mehr Einwanderung dank „Super-Agentur“ – die heiklen Migrationspläne der Regierung

Partner Marius Tollenaere discussed how a digital “Super-Agency” could streamline Germany’s skilled migration.

Learn more

Blog post

Crisis Preparedness Amidst Geopolitical Uncertainty

Senior Immigration Program Manager Alexia Prior and Senior Immigration Programme Consultant Julia Daoud discuss the importance of crisis preparedness in the face of geopolitical instability, emphasizing proactive strategies and resilience planning.

Learn more

Video

South African Citizenship Updates | #MobilityMinute

In this Mobility Minute, Immigration Consultant Caryn Esther Fisher discusses recent South African citizenship updates.

Learn more

Awards

Utah Business Recognizes Fragomen Salt Lake City Lawyers in 2025 Legal Elite Awards

Partner F. Joseph Paldino, Senior Associate Clark Cannon and Associate Mallorie Mecham are recognized in Utah Business’s 2025 Legal Elite.

Learn more

Media mentions

Axios: Immigration Crackdown Fears Hit White-Collar Offices

Partner Daniel Pierce discussed how heightened immigration enforcement is causing employers to review work authorization and staffing decisions.

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

© 2025 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.