H-1B electronic selection process - DHS Response
DHS responded to public comments they collected before they published the final rule.
Document: Federal Register RIN2019-00302
On the end of Page 903, DHS responded to comment/question regrading petition fees, etc.
- DHS declines to adopt the commenters’ suggestions to collect petition filing fees at time of registration.
- DHS does not view registration as the same as filing a petition.
- Submission of the registration is merely an antecedent procedural requirement to properly file the petition.
- DHS also declines to include a fine in the rule, to the extent it has such authority, for petitioners who do not file subsequent petitions given that there may be legitimate reasons why a petition is not filed following registration (e.g. the beneficiary may have decided to pursue other employment opportunities or the business environment has changed).
- However, DHS notes that there may be monetary fines/criminal penalties under 18 U.S.C. 1001(a)(3) which apply generally to statements/representations made to the Federal Government, and registrants that engage in a pattern and practice of submitting registrations for which they do not file a petition following selection may be referred for investigation of potential abuse of the system.
- However, as discussed elsewhere in this rule, DHS may consider charging a separate registration fee in the future.