H-1B electronic selection process - DHS Response

2019年美国国土安全部DHS在发布H-1B电子抽签改革最终规定时候，对之前收集的公众评论做出了响应回复

重点

第903页末，对于在电子抽签的时候要求提交申请费等问题，DHS给出了以下回复：

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.