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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

Key Take-away

On the end of Page 903, DHS responded to comment/question regrading petition fees, etc.

  1. DHS declines to adopt the commenters’ suggestions to collect petition filing fees at time of registration.
  2. 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.
  3. 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).
  4. 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.
  5. However, as discussed elsewhere in this rule, DHS may consider charging a separate registration fee in the future.