[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Proposed Rules]
[Pages 11686-11699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4731]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 214 and 299
[CIS No. 2443-08; DHS Docket No. USCIS-2008-0014]
RIN 1615-AB71
Registration Requirement for Petitioners Seeking to File H-1B
Petitions on Behalf of Aliens Subject to the Numerical Limitations
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Homeland Security is proposing to amend its
regulations governing petitions filed on behalf of H-1B alien workers
subject to annual numerical limitations or exempt from numerical
limitations by virtue of having earned a U.S. master's or higher degree
(also referred to as the ``65,000 cap'' and ``20,000 cap''
respectively, or the ``cap'' collectively). This rule proposes to
require employers seeking to petition for H-1B workers subject to the
cap to first file electronic registrations with U.S. Citizenship and
Immigration Services (USCIS) during a designated registration period.
Under this proposed rule, if USCIS anticipates that the H-1B cap will
not be reached by the first day that H-1B petitions may be filed for a
particular fiscal year, USCIS would notify all registered employers
that they are eligible to file H-1B petitions on behalf of the
beneficiaries named in the selected registrations. USCIS would continue
to accept and select registrations until the H-1B cap is reached. On
the other hand, if USCIS anticipates that the H-1B cap will be reached
by the first day that H-1B petitions may be filed for a particular
fiscal year, USCIS would close the registration before such date and
randomly select a sufficient number of timely filed registrations to
meet the applicable cap. USCIS proposes to allow only those petitioners
whose registrations are randomly selected to file H-1B petitions for
the cap-subject prospective worker named in the registration. USCIS
would create a waitlist containing some or all of the remaining
registrations, based on USCIS statistical estimates of how many more
registrations may be needed to fill the caps should the initial pool of
selected registrations fall short. USCIS would notify the employers of
those registrations placed on the waitlist when and if they are
eligible to file an H-1B petition. Employers whose registrations were
neither randomly selected to file petitions nor placed on the waitlist
would receive notification that they were not selected to file
petitions in that fiscal year.
USCIS anticipates that this new process will reduce administrative
burdens and associated costs on employers who currently must spend
significant time and resources compiling the petition and supporting
documentation for each potential beneficiary without certainty that the
statutory cap has not been reached. The proposed mandatory registration
process also will alleviate administrative burdens on USCIS service
centers that process H-1B petitions.
DATES: Written comments must be submitted on or before May 2, 2011.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2008-0014 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: You may submit comments directly to USCIS by e-
mail at [email protected]. Include DHS Docket No. USCIS-2008-0014 in the
subject line of the message.
Mail: Chief, Regulatory Products Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529-2020. To ensure
proper handling, please reference DHS Docket No. USCIS-2008-0014 on
your correspondence. This mailing address may also be used for paper,
disk, or CD-ROM submissions.
Hand Delivery/Courier: U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue,
NW., Washington, DC 20529-2020. Contact Telephone Number is (202) 272-
8377.
FOR FURTHER INFORMATION CONTACT: Shelly Sweeney, Adjudications Officer,
Business Employment Services Team, Service Center Operations
Directorate, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 20 Massachusetts Avenue, NW., 2nd Floor, Washington,
DC 20529-2060, telephone (202) 272-8410.
SUPPLEMENTARY INFORMATION: This supplementary information section is
organized as follows:
I. Public Participation
II. Background
A. Current H-1B Petition Process
B. H-1B Nonimmigrants Subject to H-1B Caps
C. Current Random Selection Process
D. Fiscal Year 2009 Filings
III. Proposed Registration Program
[[Page 11687]]
A. Registration
1. Announcement of Registration Requirement
2. Information Required
3. USCIS Acceptance of Registrations
B. Random Selection of Registrations
C. H-1B Petition Filing Period After Random Selection
IV. Miscellaneous Amendments
V. Regulatory Requirements
A. Regulatory Flexibility Act
B. Unfunded Mandates Reform Act of 1995
C. Small Business Regulatory Enforcement Fairness Act of 1996
D. Executive Order 12866 (Regulatory Planning and Review)
E. Executive Order 13132 (Federalism)
F. Executive Order 12988 (Civil Justice Reform)
G. Paperwork Reduction Act
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
proposed rule. The Department of Homeland Security (DHS) and U.S.
Citizenship and Immigration Services (USCIS) also invite comments that
relate to the economic, environmental, or federalism effects that might
result from this proposed rule. Comments that will provide the most
assistance to DHS and USCIS will reference a specific portion of the
proposed rule, explain the reason for any recommended change, and
include data, information, or authority that support such recommended
change.
Instructions: All submissions received must include the agency name
and DHS Docket No. USCIS-2008-0014. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov. Submitted comments
may also be inspected at the Regulatory Products Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., Washington, DC 20529-2020.
II. Background
Congress has established limits on the number of alien workers who
may be granted H-1B nonimmigrant visas or status each fiscal year
(commonly known as the ``cap''). See Immigration and Nationality Act
(INA) section 214(g), 8 U.S.C. 1184(g). With a few exceptions, the
total number of aliens who may be accorded H-1B nonimmigrant status
during any fiscal year currently may not exceed 65,000. See INA sec.
214(g), 8 U.S.C. 1184(g). The ability of employers to fill available
U.S. jobs with aliens otherwise eligible for the H-1B nonimmigrant
classification generally depends on when the employers filed petitions
for such workers and the number of such petitions that USCIS has
approved to allow workers to begin employment during the course of the
fiscal year (i.e., October 1 through September 30). USCIS, however, may
only accord H-1B status in the order in which it receives the H-1B
petitions. See INA sec. 214(g)(3), 8 U.S.C. 1184(g)(3).
USCIS monitors the requests for H-1B workers and administers the
distribution of available H-1B cap numbers in light of these limits.
The first day on which petitioners may file H-1B petitions can be as
early as six months ahead of the projected employment start date. See 8
CFR 214.2(h)(9)(i)(B). During years of high demand for H-1B workers,
the H-1B cap has been reached within days of the opening of the H-1B
filing period for a new fiscal year. In practical terms, this means
that the cap has been reached on or shortly after April 1 (which is six
months before the start of a new fiscal year). For example, in FY 2009,
USCIS received nearly 163,000 H-1B petitions between April 1 and April
7, 2008. See e.g. USCIS Update, ``USCIS Releases Preliminary Number of
H-1B Cap Filings,'' http://www.uscis.gov/files/article/USCIS%20Update_H1B_Preliminary%20Count1_10Apr08.pdf.
To ensure the fair and orderly distribution of H-1B cap numbers,
USCIS employs a random selection process after announcing a final date
on which it will receive H-1B petitions. USCIS refers to this day as
the ``final receipt date.'' See 8 CFR 214.2(h)(8)(ii)(B). In past
fiscal years, the final receipt date has been as early as the first day
after USCIS began accepting H-1B petitions for the new fiscal year. In
Fiscal Year 2010, due to the struggling economy and high unemployment
rates, the final receipt date was not reached until December 21, 2009.
Petitions submitted properly on the ``final receipt date'' undergo a
random selection process to determine which petitions can be processed
to completion and, if otherwise eligible, which beneficiaries are able
to receive a new H-1B visa number.
USCIS has found that when it receives a significant number of H-1B
petitions (e.g., 100,000 or more) within the first few days of the H-1B
filing period, it is difficult to handle the volume of petitions
received in advance of the H-1B random selection process. Further,
after expending USCIS resources to ensure proper processing of these
petitions, USCIS must reject and return to the petitioning employer
those petitions and associated fees that are not randomly selected as
eligible for an H-1B cap number. U.S. employers are also adversely
affected by the current petition process. Preparing and mailing H-1B
petitions, with the required filing fee, can be burdensome and costly
for employers, if the petition must ultimately be returned because the
cap was reached and the petition was not selected in the random
selection process.
Requiring U.S. employers to file complete H-1B petitions prior to
the random selection process is not the most efficient way to
administer the allocation of available H-1B cap numbers. USCIS is
proposing an alternate, more streamlined mechanism for allocating H-1B
cap numbers and administering the H-1B cap.
A. Current H-1B Petition Process
Before employing an H-1B temporary worker, a U.S. employer must
first obtain a certification from the U.S. Department of Labor (DOL)
confirming that it has filed a Labor Condition Application (LCA) in the
occupational specialty in which the alien will be employed. See 8 CFR
214.2(h)(4)(i)(B)(1) and 8 CFR 214.2(h)(1)(ii)(B)(3). Upon
certification of the LCA, the employer may then file an H-1B petition
with USCIS on Form I-129, Petition for a Nonimmigrant Worker. Once
USCIS accepts a properly filed H-1B petition, it adjudicates the
petition. USCIS will notify the petitioner in writing if it requires
additional information before rendering a written decision to approve
or deny the petition. See 8 CFR 103.2(a)(8) and 214.2(h)(9) and (10).
An approved H-1B petition is valid for a period of up to three years
and may not exceed the validity period of the LCA. See 8 CFR
214.2(h)(9)(iii)(A)(1).
Prior to the expiration of the initial H-1B status, the petitioning
employer may apply for an extension of stay, or a different employer
may petition on behalf of the temporary worker. See 8 CFR
214.2(h)(2)(i)(D), (h)(15)(ii)(B). An extension of stay generally may
only be granted for a period of up to three years, such that the total
period of the H-1B temporary worker's admission does not exceed six
years. See INA 214(g)(4), 8 U.S.C. 1184(g)(4); 8 CFR
214.2(h)(15)(ii)(B)(1). As with initial H-1B petitions, the petitioning
employer must first obtain a certified LCA from DOL before applying for
the extension of stay. At the end of the six-year
[[Page 11688]]
period,\1\ in most cases, the alien must change to another nonimmigrant
status, seek permanent resident status, or depart the United States.
The alien may be eligible for a new six-year maximum period of stay in
H-1B nonimmigrant status if he or she remains outside the United States
for at least one year. See 8 CFR 214.2(h)(13)(iii)(A).
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\1\ Certain aliens are exempt from the six-year maximum period
of admission under sections 104(c) and 106(a) and (b) of the
American Competitiveness in the Twenty-First Century Act of 2000
(AC21), Public Law 106-313, 114 Stat. 1251 (Oct. 17, 2000).
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B. H-1B Nonimmigrants Subject to H-1B Caps
Most aliens seeking a new H-1B nonimmigrant classification are
subject to a numerical cap of 65,000 visas each fiscal year. Exempt
from this 65,000 cap are aliens who: (1) Are employed at, or have
received an offer of employment from, an institution of higher
education, or a related or affiliated nonprofit entity; (2) are
employed at, or have received an offer of employment from, a nonprofit
research organization or a governmental research organization; or (3)
have earned a master's or higher degree from a U.S. institution of
higher education. INA sec. 214(g)(5), 8 U.S.C. 1184(g)(5). The
exemption for aliens who have attained a U.S. master's degree or higher
is capped at 20,000 H-1B petitions per fiscal year (``20,000 cap'').
See INA sec. 214(g)(5)(C), 8 U.S.C. 1184(g)(5)(C).
The spouses and children of H-1B nonimmigrants, classified as H-4
nonimmigrants, do not count toward the 65,000 and 20,000 caps. See INA
sec. 214(g)(2), 8 U.S.C. 1184(g)(2); 8 CFR 214.2(h)(8)(ii)(A). In
addition, USCIS does not apply the 65,000 and 20,000 caps in the
following cases:
Requests for H-1B petition extensions;
Requests for extensions of stay in the United States; and
Petitions filed on behalf of aliens who are currently in
H-1B nonimmigrant status but seek to change the terms of current
employment, change employers,\2\ or work concurrently under a second H-
1B petition.
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\2\ If the alien was previously employed by a cap-exempt
petitioner and thus never counted against the cap, the worker must
be counted against the cap when switching to an employer that is
subject to the cap. See INA sec. 214(g)(6), 8 U.S.C. 1184(g)(6).
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These aliens have already been counted towards either the 65,000 or
20,000 cap in previous years. See INA sec. 214(g)(7), 8 U.S.C.
1184(g)(7); 8 CFR 214.2(h)(8)(ii)(A).
C. Current Random Selection Process
To manage the 65,000 and 20,000 caps, USCIS monitors the number of
H-1B petitions it receives at each service center. The first day on
which petitioners may file H-1B petitions can be as early as six months
ahead of the projected employment start date. See 8 CFR
214.2(h)(9)(i)(B). For example, a U.S. employer seeking an H-1B worker
for a job beginning October 1 (the first day of the next fiscal year)
can file an H-1B petition no earlier than April 1 of the current fiscal
year. Thus, an H-1B employer requesting a worker for the first day of
FY 2012, October 1, 2011, would be allowed to file an H-1B petition on
April 1, 2011. When USCIS determines, based on the number of H-1B
petitions it has received for a cap season, that the 65,000 or 20,000
cap will be reached, it announces to the public the final day on which
H-1B petitions can be filed for that cap season.
USCIS then randomly selects the number of petitions needed to reach
the H-1B cap. The random selection process includes all petitions
received on the final receipt date. USCIS makes projections on the
number of petitions necessary to achieve the numerical limit of
approvals, taking into account historical data related to approvals,
denials, revocations, and other relevant factors. See 8 CFR
214.2(h)(8)(ii)(B). USCIS then randomly selects approximately 15-20%
over the regular cap number of 65,000 and approximately 5-10% over the
master's degree cap number of 20,000.
If USCIS receives sufficient H-1B petitions to reach the 65,000 and
20,000 caps for the upcoming fiscal year within the first five business
days, USCIS randomly selects from all H-1B petitions filed within the
first five business days, beginning first with H-1B petitions subject
to the 20,000 cap. Id. Once the random selection process for the 20,000
cap is complete, USCIS conducts the random selection process for the
65,000 cap. Once the random selection process for the 65,000 cap is
complete, USCIS rejects all remaining H-1B petitions, including those
not selected during one of the random selections. USCIS also rejects
all H-1B petitions received after the final receipt date. See 8 CFR
214.2(h)(8)(ii)(D).
D. Current Allocation Process
This proposed rule is designed to alleviate many of the
difficulties and inefficiencies stemming from the current H-1B
allocation process and to simplify the allocation of available H-1B cap
numbers. The registration requirement also will aid USCIS in the
administrative front-end processing of cap-subject H-1B petitions.
For example, during the first five business days of filing for FY
2009, USCIS received approximately 163,000 H-1B petitions, well in
excess of the available H-1B cap numbers. Some of the front-end
processing activities associated with handling this exceptionally high
volume of receipts include, but are not limited to, opening and sorting
mail, identifying properly filed petitions, placing petitions through
the random selection process, notifying petitioners of selected
petitions, receipting fees and entering data for selected petitions,
and returning all of the nonselected and improperly filed petitions
with associated fees.
Since USCIS first created the random selection process in 2005, it
has twice received significant numbers of H-1B petitions that exceeded
the 65,000 and 20,000 caps on April 1, the first day the petitions
could be filed for a new fiscal year. Petitioning employers rushed to
file H-1B petitions for FY 2008, because in the previous fiscal year,
USCIS reached the H-1B cap on the second filing day. See USCIS Update,
``USCIS Updates Count of FY 2008 H-1B Cap Filings,'' http://www.uscis.gov/files/pressrelease/H1Bfy08CapUpdate041007.pdf. Many
petitioning employers apparently anticipated a similar shortage of H-1B
cap numbers for FY 2009 and, as a result, hurried to file the petitions
to ensure USCIS received them at the start of the filing period. In an
effort to relieve some of the burdens associated with handling the huge
volumes of petitions received on the first filing day, USCIS amended
the regulations pertaining to the random selection process on March 24,
2008. See 73 FR 15389.
Although the current regulations at 8 CFR 214.2(h)(8)(ii)(B)
provide some relief by authorizing USCIS to include in the random
selection process all petitions filed during the first five business
days, USCIS proposes to take further measures to alleviate
administrative burdens and the current uncertainty faced by petitioners
who must prepare and submit H-1B petitions for all potential
beneficiaries. Petitioning employers often expend significant time and
resources to prepare the H-1B petition for submission. These resources
and costs are expended for every potential H-1B worker the employer
wants to hire, regardless of whether the petition will ultimately be
adjudicated by USCIS.
III. Proposed
[[Page 11689]]
H-1B Registration Program
USCIS proposes to establish a mandatory Internet-based electronic
registration process for U.S. employers seeking to file H-1B petitions
for alien workers subject to either the 65,000 or 20,000 caps. See
proposed 8 CFR 214.2(h)(8)(ii). The electronic registration process
would be in advance of the start of the period during which actual
petitions can be filed for a new fiscal year (i.e., immediately prior
to April 1). This process would require U.S. employers to register for
consideration of available H-1B cap numbers in advance of having to
file and receive a certified LCA from the DOL.
This rule also proposes to establish processes for selecting
registrations. Upon notification of selection by USCIS, a registrant
would proceed to submit the LCA to DOL for certification and prepare
the corresponding H-1B petition on behalf of the desired beneficiary.
USCIS would reject any H-1B petition filing that is not based on a
selected registration. The proposed registration requirement, which
would take approximately 30 minutes to complete, is preferable for
petitioners because selected registrations would have a higher
probability of receiving an H-1B slot before petitioners would be
required to expend the time and expenses necessary to complete H-1B
petitions.
The proposed registration process would greatly improve the
agency's ability to manage the H-1B cap and reduce the burden on
petitioning employers in terms of up-front form preparation and filing
fee submission. Below is a more detailed discussion of the proposed
registration process and petition filing procedures for H-1B petitions
subject to registration.
A. Registration
1. Announcement of the Registration Period
USCIS proposes to establish a mandatory Internet-based electronic
registration process for U.S. employers seeking to file H-1B petitions
for alien workers subject to either the 65,000 or 20,000 cap. See
proposed 8 CFR 214.2(h)(8)(ii)(B)(1). The entire Internet registration
process would commence each year in advance of the filing period for
actual petitions.
The proposed rule would clarify USCIS's discretionary authority to
temporarily suspend the H-1B registration process for any given fiscal
year or to permanently terminate the registration process. USCIS would
notify the public of any program suspension or termination via an
update on the USCIS public Web site. Proposed 8 CFR
214.2(h)(8)(ii)(A)(3). The public frequently turns to the USCIS Web
site for information and uses the USCIS Web site for general
information on immigration benefits rules and processes, statutes and
regulations, downloadable immigration forms, specific case status
information, and processing times at the various service centers and
district offices. Some members of the public sign up for e-mail alerts
that provide the latest information posted on the USCIS Web site
regarding particular applications, petitions, or visa classifications.
Because of the wide use of the USCIS Web site by the public, the
posting of information on the dates of suspension or termination of the
registration process on the USCIS Web site would provide a timelier and
more efficient method of disseminating such information to the public
than publication of the information in the Federal Register. For
example, USCIS may need to suspend or terminate the availability of the
registration process in the event that Congress greatly increases the
annual number of H-1B visas that USCIS may allocate each fiscal year.
This rule would afford USCIS the flexibility to adapt quickly when
various contingencies arise while providing the public with adequate
notice of any impact on the registration availability.
Under the proposed registration process, each petitioning employer
would be required to file registrations electronically through the
USCIS Web site (http://www.uscis.gov) in accordance with the
instructions provided. See proposed 214.2(h)(8)(ii)(B)(1). USCIS
proposes to establish a registration period that would begin no later
than in the month of March each year, for a minimum period of two
weeks. USCIS would notify the public of the respective start and end
dates for the registration period via the USCIS Web site (http://www.uscis.gov). See proposed 8 CFR 214.2(h)(8)(ii)(A)(2). All
registrations would be required to be filed during the timeframes
announced by USCIS on its public Web site. USCIS would not accept any
registrations filed either before or after the close of the specified
registration period. USCIS invites the public to comment on whether the
proposed start of the registration period would be sufficient time for
prospective petitioners to submit their registrations.
Note that each annual registration period would be treated as
separate from any earlier registration period. Therefore, employers
from a previous registration period would not be automatically entered
into a new registration period.
2. Information Required
This rule proposes that registrations must include basic
information regarding the company and beneficiary: (1) The employer's
name, employer identification number (EIN), and employer's mailing
address; (2) the authorized representative's name, job title, and
contact information (telephone number and e-mail address); (3) the
beneficiary's full name, date of birth, country of birth, country of
citizenship, gender and passport number; and (4) any additional
information requested by the registration or USCIS. Proposed 8 CFR
214.2(h)(8)(ii)(B). USCIS seeks public comments on the type of
information requested and whether the list should be expanded or in any
way changed for U.S. employers.
USCIS has determined that the content noted above is the minimum
information that USCIS will need to identify the prospective H-1B
petitioner and specific named beneficiary, to eliminate duplicate
registrations, and to match approved and selected registrations with
subsequently filed H-1B petitions.
3. USCIS Acceptance of Registrations
USCIS proposes to require U.S. employers who choose to participate
in the registration process to file a single registration for each
prospective H-1B temporary worker they seek to hire. Multiple
beneficiaries cannot be listed on a single registration. In addition,
petitioners may not file multiple registrations for the same H-1B
beneficiary. USCIS recognizes that, because this would be a new system,
petitioners or their preparers may accidentally or unintentionally
submit more than one registration on behalf of a single beneficiary.
Therefore, this rule proposes that if USCIS receives more than one
registration for a single H-1B beneficiary by the same petitioner,
USCIS will accept the first valid registration and reject any
subsequent duplicate requests.
Each U.S. employer who submits a properly completed H-1B Cap
Registration request online will receive electronically an automatic
notification that the registration request has been accepted by USCIS
(note, acceptance is not the same as selection). The notification will
be in a printable format and contain a unique identifying number for
USCIS tracking and recordkeeping purposes. Registering employers can
retain a hard copy of the acceptance notification for their files.
[[Page 11690]]
USCIS also proposes to assign a unique identifying number for each
registration, which would be included on the electronic notification of
registration acceptance.
B. Selection of Registrations
1. If the Number of Registrations Is Less Than the 65,000 or 20,000 Cap
by April 1
In the event that the number of registrations is less than the
number of available cap numbers before the first day that H-1B petition
filings may be made (e.g., April 1), USCIS would announce on its Web
site that the registration period will remain open until such time as
USCIS determines it has enough registrations to reach the cap. If the
number of registrations received during the initial registration period
is less than what is needed to reach the cap, all registrations
accepted during that initial period would be selected. At such time
USCIS believes it has enough registrations to meet the cap, it will
announce the closing of the registration period on the USCIS Web site
and will conduct a random selection of all registrations received on
the last day of the registration period (i.e., ``final receipt date'').
U.S. employers who receive notification that their registrations have
been selected will be eligible to file an H-1B petition on behalf of
the prospective H-1B worker named in the selected registration in
accordance with the normal filing rules.
While the rule proposes to permit USCIS to keep the registration
period open in the event that registrations remain low during the
fiscal year, this rule would provide USCIS with the authority to close
the registration period before the close of the fiscal year to allow
petitioners sufficient time to complete and file their petitions and
USCIS sufficient time to receive and process petitions. See proposed 8
CFR 214.2(h)(8)(ii)(A)(3).
2. If the Number of Registrations Is More Than the 65,000 or 20,000 Cap
In the event that USCIS would receive significantly more
registrations than the H-1B cap, USCIS would conduct a random selection
of the registrations timely received in a number sufficient to meet the
65,000 and 20,000 caps. Under such random selection process, USCIS
would randomly select approximately 15-20% over the regular cap number
of 65,000 and approximately 5-10% over the master's cap number of
20,000. The reason for selecting a percentage of registrations over the
cap numbers of 65,000 and 20,000 is based on historical approval,
denial and rejection rates, and in order to account for a variety of
factors, such as: Randomly selected registrants that ultimately decide
not to file an H-1B petition; H-1B petitions that are rejected as
improperly filed or that are denied based on ineligibility; petitions
that are later found revocable; and beneficiaries who ultimately decide
not to seek an H-1B visa or are found ineligible for a visa. The random
selection process will be conducted via a method approved by the Office
of Immigration Statistics and will be similar to the current random,
computer-generated selection process for H-1B petitions outlined at 8
CFR 214.2(h)(8)(ii)(B).
After the random selection process is complete, USCIS would be
authorized to create a waitlist of remaining registrations. The
waitlist of remaining registrations would be based on USCIS statistical
estimates of how many more registrations may be needed to fill the caps
should the pool of selected registrants unexpectedly fall short of
reaching the caps. Waitlisted registrations would be randomly sorted
and given a unique number in sequential order. USCIS would notify
employers that their registrations have been placed on the waitlist. As
H-1B numbers become available, waitlisted registrations would be
selected so that employers can file H-1B petitions in accordance with
the normal filing rules.
Employers with registrations that are neither randomly selected to
file nor placed on the waitlist would receive notification that their
registrations were not selected and that they are ineligible to file a
petition for the applicable fiscal year.
C. Filing of H-1B Petition Following Selection
1. Eligibility To File
USCIS proposes to accept only cap-subject H-1B petitions based on
selected registrations, and only for the H-1B beneficiary named in the
original registration; others will be rejected. See proposed 8 CFR
214.2(h)(8)(ii)(D). No substitution of beneficiaries would be
permitted. USCIS recognizes that employer needs often change and
potential workers may become unavailable for a variety of reasons.
However, USCIS is proposing to limit the filing of petitions to the
beneficiary named on the original registration request in an effort to
guard against the possibility of abuse from the minority of employers
who might otherwise attempt to monopolize petition filing ``slots'' and
create an illegitimate secondary market for H-1B beneficiaries.
Furthermore, an employer is prohibited from filing more than one H-1B
petition in the same fiscal year on behalf of the same alien if the
alien is subject to the cap or is exempt from the cap because of having
earned a master's degree or higher from a U.S. institution of higher
education. However, if an H-1B petition is denied, on a basis other
than fraud or misrepresentation, the employer may file a subsequent H-
1B petition on behalf of the same alien in the same fiscal year,
provided that the numerical limitation has not been reached or if the
filing qualifies as exempt from the numerical limitation. See 8 CFR
214.2(h)(2)(i)(G).
2. Availability of Cap Numbers
Under the proposed registration and selection process, if an H-1B
petition is otherwise approvable, a petitioner likely would be assured,
but would not be guaranteed, the availability of an H-1B cap number
under the 65,000 or 20,000 cap, whichever is applicable. USCIS notes
that, while it takes every conceivable measure to accurately reach and
not exceed the cap, and while the registration system is specifically
designed to substantially increase the public's assurance that numbers
are available for selected registrants, USCIS cannot guarantee every
petitioner that an H-1B number will be available for the beneficiary at
the time of filing their petition. As USCIS may accept more
registrations than the prescribed statutory limit for H-1B petitions
(to account for the variety of factors previously referenced, such as
drop-outs or unapprovable petitions), there still exists a possibility
that the applicable cap may be reached prior to the date that a
selected registrant has filed a petition. This is especially true if,
for example, a selected registrant does not file its petition until
well after the filing period for petitions has begun (April 1st).
Once actual petition filings commence on April 1st of each fiscal
year, USCIS monitors petition receipts closely to ensure adherence to
the numerical caps. As explained, petitions filed with USCIS are
adjudicated in the order they are received and USCIS cannot approve any
petition that would cause it knowingly to exceed the statutory caps.
However, the over-selection of registrations is necessary due to
factors such as selected registrants who do not file Form I-129;
petitions that are rejected, denied or withdrawn; approved petitions
that are later revoked; and multiple petitions filed for the same
individual. By over-selecting registrations, there is a risk of
exceeding the statutory caps. Therefore,
[[Page 11691]]
the challenge is getting close to the numerical cap without exceeding
it. In order to stay within the numerical limits of the cap, only
85,000 registrations (65,000 plus 20,000) would have to be selected
from the lottery. However, by selecting only 85,000 registrations,
USCIS will likely be under the numerical cap for the reasons stated
above. Thus, there is a tradeoff between cap compliance certainty
(being under 85,001) and cap utilization risk (getting close to the
numerical cap). Nevertheless, the actual number of H-1B petition
approvals is generally not known until the end of the fiscal year as a
result of petitions being revoked, denied or withdrawn throughout the
year. Although it is possible to exceed the numerical cap during the
fiscal year in December or January, the actual number of petitions
approved usually falls under the numerical cap by August or September
as a result of ongoing revocations.
3. Filing Time Period
USCIS proposes that petitioners would have not less than 60 days
from the date of notification of selection (``selection notice'') to
properly file a completed H-1B petition for the named beneficiary.
USCIS would state the applicable filing deadline in each selection
notice. Proposed 8 CFR 214.2(h)(8)(ii)(D)(2). Allowing USCIS to specify
the filing period in the selection notice would give USCIS the
flexibility to provide filing periods of longer than 60 days if
necessary to accommodate processing backlogs.
If the H-1B petition is filed after the filing window closes, USCIS
would reject the H-1B petition. In other words, a selected registrant
who does not take advantage of the eligibility to file a petition on
behalf of the named beneficiary within the timeframe stated on the
selection notice would forego eligibility to file and, consequently,
any consideration for an available cap number based on that selection
notice.
USCIS is proposing to set a minimum 60-day filing window to ensure
that the petitioner has adequate time to prepare the H-1B petition
package, and, at the same time, that USCIS has adequate time to
determine if a sufficient number of petitions have been filed to reach
the H-1B annual numerical limitation. The proposed minimum 60-day
filing window also would provide USCIS with a minimum time period
within which it would be able to determine the number of selected
registrants who actually filed a petition and whose petition was
approved by USCIS. Calculating the H-1B approval rate during the 60-day
filing period would allow USCIS to assess whether there is a need to
resort to selecting registrations from the waitlisted pool of
registrants, thereby allowing more registrants in the queue to file
petitions to reach the cap.
The proposed minimum 60-day filing period in which a selected
registrant may opt to file a petition on behalf of the named
beneficiary would be read consistently with the existing regulation
providing that a petitioner may file no earlier than six months before
the date of actual need for the beneficiary's services or training. 8
CFR 214.2 (h)(9)(i)(B). In other words, while the proposed minimum 60-
day filing window would provide a cutoff date for filing a petition,
selected registrants would still be able to file a petition up to six
months prior to the date of stated need. If, for example, an employer's
selection notice dated March 31, 2010 contains a 60-day filing period,
and the requested start date is October 1, 2010, the petition must be
filed no later than May 30, 2010 or USCIS will reject the petition.
Another example is if an employer receives the selection notice dated
May 1, 2010 with a 60-day filing period, then the petition must be
filed no later than June 30, 2010. If the H-1B petition is filed on
June 30, 2010, the requested start date may be no later than December
30, 2010, which is six months after the filing date.
4. Submission of Selection Notice With H-1B Petition
The rule also proposes to require that selected registrants submit
the selection notice with the actual H-1B petition at the time of
filing. See proposed 8 CFR 214.2(h)(8)(ii)(D)(2). The submission of the
selection notice is an anti-fraud measure to ensure the integrity of
the H-1B cap number allocation system. Further, each selection notice
will contain a unique identifying number and have a machine-readable
zone that USCIS can use to verify the petitioner and intended
beneficiary. Submission of the selection notice facilitates the proper
and timely identification of petitioners and beneficiaries selected
during the registration process. Failure to submit the selection notice
will result in the rejection of the H-1B petition and the return of the
filing fees.
IV. Miscellaneous Amendments
This proposed rule also includes modifications to the current H-1B
cap management provisions at 8 CFR 214.2(h)(8)(ii)(B). The proposed
amendments do not alter the current H-1B cap management process but
instead clarify the provision so it better reflects how USCIS conducts
the H-1B random selection process. The current cap management process
is modified by running the random lottery on the registrations rather
than the actual filed petition. The proposed system will not require
the petitions to be returned as the lottery will be done prior to
filing the actual petitions. This proposed rule also adds a cross
reference to the registration process. See proposed 8 CFR
214.2(h)(8)(ii)(B).
V. Regulatory Requirements
A. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
Tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
B. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
C. Executive Order 12866
This rule has been designated as significant under Executive Order
12866. Thus, under the Executive Order, USCIS has prepared an
assessment of the benefits and costs anticipated to occur as a result
of this rule and made it available for review in the rulemaking docket
for this rule at http://www.regulations.gov. The costs and benefits of
this rule are summarized as follows.
1. Summary
We estimate the total net savings to USCIS and H-1B petitioners
from this rule is $23,611,393 at a three percent discount rate and
$19,150,459 at a seven percent discount rate over the next ten years.
Over the next 10 years, this rule will result in a savings to those
businesses that file H-1B petitions of $35,826,852 based on a discount
rate of three percent, and $29,499,043 based on a discount rate of
seven percent. However, the costs imposed on H-1B petitioners as a
result of this rule over
[[Page 11692]]
the next 10 years will be $11,942,284 at the three percent discount
rate, and $9,833,014 discounted at seven percent. Thus the net savings
resulting from this rule for H-1B petitioners over the next 10 years
will be $23,884,568 at three percent and $19,666,029 at seven percent.
In the next 10 years, this rule will result in USCIS saving
approximately $3,520,244 when discounted at three percent, and
$2,898,492 when discounted at seven percent. The total USCIS costs over
the next 10 years as a result of the changes proposed in this rule will
be $3,793,419 discounted at three percent and $3,414,062 at the seven
percent discount rate. The net cost to USCIS over the 10 years
following this rule, discounted at three percent, is $273,175, and
discounted at seven percent the costs will be $515,570.
The impacts of this rule on employers wanting to hire an H-1B
worker and the government are summarized in the following table.
---------------------------------------------------------------------------
\3\ Rounded to nearest thousand, except for average.
\4\ The H-1B filing cap was 195,000 in fiscal years 2002 and
2003. In FY 2005, USCIS exceeded the 65,000 cap--see full report at
http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_05-49_Sep05.pdf http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_05-49_Sep05.pdf.
\5\ As of 18 December 2009. Additionally, since the 65,000 cap
was not met for FY 2010, excess approved petitions for the Master's
exemption were rolled into the 65,000 cap.
\6\ A small percentage above the 65,000 or 20,000 are processed
based on historic denial rates in order to ensure that all 85,000
spots are used by those selected.
\7\ Percentage based on number of filings; rounded.
\8\ These years are the dates when the current cap numbers were
in effect and thus appropriate for comparison.
\9\ FY 2006 was the first year the 20,000 Master's exemption
(authorized by the 2004 H-1B Visa Reform Act) became operational.
\10\ As of 18 December 2009. See additional information in
footnote five.
------------------------------------------------------------------------
Net present value Net present value
10-Year cost category at 3 percent per at 7 percent per
annum annum
------------------------------------------------------------------------
H-1B filer savings.............. 35,826,852 29,499,043
H-1B filer cost................. 11,942,284 9,833,014
Net H-1B filer savings.......... 23,884,568 19,666,029
Government savings.............. 3,520,244 2,898,492
Government costs................ 3,793,419 3,414,062
Net Government cost............. 273,175 515,570
Total Estimated net savings to $23,611,393 $19,150,459
the government and H-1B filers.
------------------------------------------------------------------------
2. Recent Petition Filing Volume \3\
65,000 cap.\4\
----------------------------------------------------------------------------------------------------------------
Fiscal year 2010 \5\ 2009 2008 2007 2006
----------------------------------------------------------------------------------------------------------------
Filings......................... 68,000 133,000 120,000 67,000 74,000
Accepted \6\.................... 65,000 74,000 71,000 67,000 74,000
Approved........................ 48,000 60,000 64,000 65,000 63,000
Percent approved \7\............ 71% 45% 53% 97% 85%
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
9-year average
Fiscal year 2005 2004 2003 2002 \8\
----------------------------------------------------------------------------------------------------------------
Filings......................... 81,000 73,000 88,000 89,000 88,000
Accepted........................ 79,000 71,000 86,000 87,000 75,000
Approved........................ 72,000 65,000 78,000 79,000 66,000
Percent approved................ 89% 89% 89% 89% 75%
----------------------------------------------------------------------------------------------------------------
20,000 Master's exemption.\9\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year 2010 \10\ 2009 2008 2007 2006 5 year average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Filings................................................. 28,000 30,000 21,000 21,000 21,000 24,000
Accepted................................................ 27,000 23,000 21,000 21,000 21,000 23,000
Approved................................................ 23,000 19,000 19,000 20,000 20,000 20,000
Percent approved........................................ 82% 63% 90% 95% 95% 83%
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 11693]]
3. Problems Being Addressed--Overwhelmed by Paper Petitions
The statutory numerical limits on H-1B visas have created
complications for both employers and DHS. On the first two filing days
for fiscal year 2008, April 2 and 3, 2007, USCIS received 123,000 H-1B
petitions subject to the 65,000 cap or 20,000 Master's cap exemption.
This was the first time since the random selection process was
instituted that USCIS received more petitions than available cap
numbers on the first two days. USCIS randomly selected 71,000 from
those received on April 2 and April 3 for processing to fill the 65,000
cap and rejected 52,000 others.\11\ In 2007, petitions for the 20,000
U.S. master's degree or higher visas for 2008 were rejected after
filings reached approximately 21,000. In 2008 (for fiscal year 2009
workers), approximately 163,000 total petitions were received during
the five day filing period. Of those, USCIS accepted 74,000 and 23,000
to process for both cap categories, and rejected 66,000. In 2008, the
20,000 master's degree exempt visas were filled by the final receipt
date for the first time. USCIS believes that the master's degree cap
exemption numbers will continue to be utilized by employers as quickly
as the non-master's allotment. For that reason, it is proposed that
they be made subject to registration under this rule.
---------------------------------------------------------------------------
\11\ Petition returned and fee refunded.
---------------------------------------------------------------------------
In the filing periods to request H-1B workers for fiscal years 2008
and 2009, an average of 59,000 petitions per year were completed and
mailed, usually by overnight carrier, along with fee payments, without
even being accepted by USCIS for processing. Meanwhile, the USCIS
service centers involved in the petitioning process were overwhelmed in
those years by the quantity of paper petitions received in early April
until the receipt date was closed. Much time and effort was spent to
open the packages, process the mail, receipt the petition for
processing, check the fee payments, and perform the associated tasks.
Readying all submissions for the random selection process requires work
by many employees. For fiscal years 2008 and 2009, multiple truckloads
of petitions were stacked on pallets on loading docks, in offices, and
in hallways. Then only around 60 percent of those submitted were
processed. The logistical problems caused by the huge volume of filings
result in effort wasted on petitions that cannot be processed in those
years when the demand for H-1B visas greatly exceeds the available
supply.
4. Changes Proposed--Registration
This rule proposes to require employers to register in a system for
either the master's exemption or regular cap categories regardless of
the anticipated employment start date. Once the registration period is
over, 65,000 and 20,000 H-1B registrants, as applicable, will be
randomly selected and invited to file an H-1B petition. This rule
proposes that entries for the program must be submitted electronically
through the USCIS Web site in a time frame as established on the USCIS
Web site.
5. Benefits
No Unnecessary Petitions. The main benefit that will result from
this rule is that employers that want to hire an H-1B worker will be
able to forgo the time, effort, and expense associated with the
preparation of a full H-1B petition, the Department of Labor (DOL)
Labor Condition Application, and all of the necessary supporting
documentation unless USCIS notifies the H-1B employer that space exists
under the cap.\12\
---------------------------------------------------------------------------
\12\ DOL Form ETA 9035E, Labor Condition Application (LCA). The
INA directs the Secretary of Labor to certify that there are not
sufficient workers who are able, willing, qualified and available
and that the employment of an alien will not adversely affect the
wages and working conditions of workers in the United States
similarly employed. The regulations of the Department of Labor
delineate the specific rules to be followed for each program that
requires labor certification from the Secretary of Labor. 20 CFR
part 655. http://www.foreignlaborcert.doleta.gov/.
---------------------------------------------------------------------------
This rule would result in savings for the typical H-1B employer
from not incurring the expense of preparing an H-1B petition when cap
space is not available. In an analysis of recent H-1B filings, USCIS
records showed that 93 percent of H-1B petitions were accompanied by a
USCIS Form G-28, Notice of Entry of Appearance as Attorney or
Accredited Representative, indicating that the petitioner is
represented. Thus, most H-1B filers pay an attorney to prepare and
submit their Forms I-129. To the extent that such expenses are avoided
by registering under this rule, these avoided costs represent a benefit
to society.
The public reporting burden for Form I-129 that has been approved
by OMB under the Paperwork Reduction Act is 2.75 hours per petition,
including the time for reviewing instructions, completing, and
submitting the form. As previously discussed, a majority of H-1B filers
use an attorney to assist with the preparation of the I-129. For the
purpose of this analysis, we will assume that the 2.75 hour burden
associated with completing the I-129 is split between an attorney and a
staff member equivalent to a human resource manager. According to the
Bureau of Labor Statistics, the average hourly salary for a lawyer and
human resource manager are, respectively, $59.98 and $49.96.\13\ For
the compensation costs required for this analysis, we used the average
of those two wage rates, $54.97, and multiplied it by 1.43 to account
for the full cost of employee benefits such as paid leave, insurance,
retirement, etc.\14\ Thus the cost to prepare an H-1B petition is
approximately $78.61 per hour, and the total cost to complete a Form I-
129 is $216.18 ($78.61 x 2.75). This cost estimate is conservative
because many employers actually employ more costly outside counsel
rather than ``in-house'' attorneys and managers to complete H-1B
petitions.
---------------------------------------------------------------------------
\13\ See United States Department of Labor, Bureau of Labor
Statistics, Occupational Employment Statistics, May 2008 National
Occupational Employment and Wage Estimates at http://www.bls.gov/oes/2008/may/oes_nat.htm#b11-0000.
\14\ U.S. Department of Labor, Bureau of Labor Statistics,
Economic News Release, Table 1. Employer costs per hour worked for
employee compensation and costs as a percent of total compensation:
Civilian workers, by major occupational and industry group, March
2009, viewed online at http://www.bls.gov/news.release/ecec.t01.htm.
---------------------------------------------------------------------------
By requiring a petitioner to register in order to be eligible to
file, filing volume would be capped at around 91,000 petitions.\15\ To
illustrate the maximum possible savings that could result from this
rule, if the same number of filings that were received for FY 2009
workers occurs again in the future, filings would exceed those accepted
by 72,000.\16\ This would result in a possible opportunity cost savings
for unnecessary petition preparation of nearly $15.6 million in any
year in which such a large number of filings are received. (72,000 x
$216.18). There have been years, however, such as fiscal year 2007,
where the number of petitions received did not exceed the number that
could be processed under the cap. Taking account of this variation,
once this proposed rule is in place, it is expected to reduce paper
petition filing volumes by about 19,000 per year.\17\ This would
[[Page 11694]]
result in average petitioner preparation burden savings of $4.1 million
per year.\18\ Thus, based on past fiscal years' filing volume, the
paperwork burden savings resulting from this rule would range from zero
to $15.6 million, with average cost savings of $4.1 million per year
based on future volume projections.
---------------------------------------------------------------------------
\15\ 70,000 + 21,000 (estimated petitions that would need to be
accepted, based on historic denial rates, in order to achieve the
65,000 cap and the 20,000 master's exemption cap).
\16\ 163,000 - 91,000.
\17\ The average volume in the previous nine years for H-1B visa
petitions subject to the 65,000 cap was 89,000. Since its inception
in 2006, average filing volume for the 20,000 master's exemption H-
1B visas totaled 23,000, resulting in a combined average of 112,000
filings annually. Based on these past results, recent upward trends
in filings, and expected demand for H-1B visas in the future, USCIS
projects that about 110,000 H-1B petitions would be filed per year
in future years.
\18\ 19,000 x $216.18 = $4,107,420.
---------------------------------------------------------------------------
Reduced Mailing Expenses. While not required by regulations, in
order to ensure receipt of a petition by USCIS, H-1B petitioners
typically mail their petitions via overnight couriers. As indicated in
the Small Business Impacts section below, USCIS estimates that the
average sponsoring employer files three H-1B petitions, and each
employer would, logically, mail all of its petitions in one package.
Estimating the average mailing cost at $17.50 per mailed package,\19\
this rule would result in cost savings for petitioning employers
ranging from zero to $420,000, with a projected annual cost savings of
about $111,000 per year.\20\
---------------------------------------------------------------------------
\19\ United States Postal Service, Express Mail Flat Rate
Envelope, see http://www.usps.com/prices/express-mail-prices.htm.
\20\ USCIS projects future petition filing volume of
approximately 110,000 H-1B petitions annually, exceeding the 91,000
to be accepted for processing by around 19,000. Savings in largest
volume year = 72,000/3 x $17.50 = $420,000. Savings in typical year
of 110,000 projected filings = 19,000/3 x $17.50 = $110,833.
---------------------------------------------------------------------------
The 10-year savings to H-1B filers, discounted at three and seven
percent, is summarized in the following table.
----------------------------------------------------------------------------------------------------------------
Yearly Yearly
Year Total yearly discounted discounted
savings \21\ savings 3% savings 7%
----------------------------------------------------------------------------------------------------------------
1......................................................... 4,200,000 4,077,670 3,925,234
2......................................................... 4,200,000 3,958,903 3,668,443
3......................................................... 4,200,000 3,843,595 3,428,451
4......................................................... 4,200,000 3,731,646 3,204,160
5......................................................... 4,200,000 3,622,957 2,994,542
6......................................................... 4,200,000 3,517,434 2,798,637
7......................................................... 4,200,000 3,414,984 2,615,549
8......................................................... 4,200,000 3,315,519 2,444,438
9......................................................... 4,200,000 3,218,950 2,284,522
10........................................................ 4,200,000 3,125,194 2,135,067
-----------------------------------------------------
Total Discounted $35,826,852 $29,499,043
Savings
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\21\ $4.1 million preparation savings plus $111,000 mailing
savings.
---------------------------------------------------------------------------
Government Benefits. This rule would significantly ease the
administrative burden on USCIS of managing the random selection
lottery. When petitions filed significantly exceed those that can be
approved, USCIS expends funds collected for other application types to
open the mail and handle H-1B petition filings that do not result in
any fee collections. Over the most recent three fiscal years, USCIS
received an average of almost 133,000 petitions, accepted 93,000, and
approved an average of approximately 78,000. This means that 55,000
more were received than were approved, and 40,000 more than were
adjudicated. In addition, for fiscal years 2008 and 2009, about 10,700
petitions were filed for premium processing, all of which had to be
acted on within 15 days of the day of the random selection.
This surge diverts resources away from normal duties to receive,
unload, stack, and open the mail, verify that the mail contains H-1B
petitions, perform minimal data entry, and place a bar-code on each
petition for use in the random selection at a later date--all efforts
estimated at 40 minutes for each petition.\22\ Further time was spent
over the following two-week period to complete the initial selection;
enter chosen petitions into the tracking system; and return rejected
petitions. The typical contract clerk that performs these steps earns
on average $23.58 for regular time hours.\23\ Therefore, this piece of
the H-1B processing procedure needlessly costs USCIS about $298,680
each year.\24\
---------------------------------------------------------------------------
\22\ 60/40 = 1.5 petitions received/guarded/sorted/stacked/
opened/entered/notified per hour.
\23\ Per USCIS Service Center Operations--fully burdened average
rate for CA and VT.
\24\ (19,000/1.5 petitions per hour) x $23.58 per hour average
regular time = $298,680 annual regular time savings.
---------------------------------------------------------------------------
Additional costs were also incurred to shift 18,000 Form I-130
filings to California from Vermont, so Vermont could concentrate on the
cap cases received. In such high demand and volume years, electronic
registration would decrease the random selection preparation time,
preclude the processing of most fee refunds, and reduce overtime costs
and lost production. USCIS can better utilize this time, effort, and
other resources to adjudicate other benefits.
Many savings associated with this rule are difficult to quantify;
however, we are able to estimate mailing costs for returning unaccepted
petitions. We estimate mailing costs for rejected H-1B filings at $6.00
per mailed package.\25\ USCIS individually returns unaccepted petitions
to petitioners. Again, using forecast approximations, we can calculate
shipping savings at $114,000 annually.\26\ Combining savings data
generates a typical total annual savings for USCIS of about $412,680.
---------------------------------------------------------------------------
\25\ http://postcalc.usps.gov/Summary.aspx?m=2&p=1&o=0&dz=20529&oz=90210&MailingDate=1/4/2010&MailingTime=7:09%20AM&time=2%20days&mt=11&es=106.
\26\ 19,000 excess petitions x $6.00 per package mailing costs =
$114,000 shipping savings per year.
---------------------------------------------------------------------------
Registration would also add a qualitative benefit for future filers
by averting a front log for H-1B petitions and allowing more efficient
notification of the petitioners as to whether they will receive a cap
number. Petitioners would be able to more efficiently plan employment
and staffing levels, and would know whether or not an H-1B visa holder
would be an option for a position vacancy.
The 10-year savings to USCIS, discounted at three and seven
percent, is summarized in the following table.
[[Page 11695]]
----------------------------------------------------------------------------------------------------------------
Yearly Yearly
Year Total yearly discounted discounted
savings savings- 3% savings- 7%
----------------------------------------------------------------------------------------------------------------
1......................................................... $412,680 $400,660 $385,682
2......................................................... 412,680 388,990 360,451
3......................................................... 412,680 377,661 336,870
4......................................................... 412,680 366,661 314,832
5......................................................... 412,680 355,981 294,235
6......................................................... 412,680 345,613 274,986
7......................................................... 412,680 335,547 256,996
8......................................................... 412,680 325,773 240,184
9......................................................... 412,680 316,285 224,471
10........................................................ 412,680 307,073 209,786
-----------------------------------------------------
Total Discounted 3,520,244 2,898,492
Savings
----------------------------------------------------------------------------------------------------------------
6. Costs
Government Implementation Costs. As part of this rule, USCIS is
developing an Internet-based system for registration. Initial
development is estimated to cost $800,000, including system design,
creation of all required supporting documentation, hardware deployment,
and testing the system. Initial hardware and equipment costs are
estimated to be approximately $1,400,000. In addition, USCIS estimates
that initial personnel costs to establish the system would require
$150,000 to fund two positions.\27\ Total first year cost would be
$2,350,000. Continuing costs would be $200,000 per year--$150,000 for
the two support personnel per year and maintenance charges of about
$50,000 per year to maintain the system.
---------------------------------------------------------------------------
\27\ Includes total compensation costs and benefits.
---------------------------------------------------------------------------
The cost to the government over the next 10 years, discounted at
three and seven percent, is summarized in the following table.
----------------------------------------------------------------------------------------------------------------
First year Continuing Total yearly Discounted Discounted
Year cost cost cost cost 3% cost 7%
----------------------------------------------------------------------------------------------------------------
1............................... $2,350,000 $0 $2,350,000 $2,281,553 $2,196,262
2............................... 0 200,000 200,000 188,519 174,688
3............................... 0 200,000 200,000 183,028 163,260
4............................... 0 200,000 200,000 177,697 152,579
5............................... 0 200,000 200,000 172,522 142,597
6............................... 0 200,000 200,000 167,497 133,268
7............................... 0 200,000 200,000 162,618 124,550
8............................... 0 200,000 200,000 157,882 116,402
9............................... 0 200,000 200,000 153,283 108,787
10.............................. 0 200,000 200,000 148,819 101,670
-------------------------------------------------------------------------------
.............. .............. Total 3,793,419 3,414,062
Discounted 10-
year
Government
Cost
----------------------------------------------------------------------------------------------------------------
Registration. USCIS estimates that the public reporting burden for
H-1B Cap Registration using the electronic system will average 30
minutes per response, including the time for reviewing instructions,
completing, and submitting. Petitioners must file a separate
registration for each requested beneficiary and each beneficiary must
be named. After the closing date, DHS will run a random selection
process and notify the lottery winners. Upon selection in the lottery
system, a petitioner will be invited to submit a Form I-129 for
adjudication of an H-1B visa.
While most employers hire an attorney to prepare Form I-129 for
prospective H-1B employees, registrations are straightforward and
should require minimal skills, rather than those of an attorney or
management-level employee. The hourly cost for an employer would be the
compensation costs for the time required for a petitioning firm's
employee to complete the registration. USCIS has reviewed the Bureau of
Labor Statistics' Occupational Classifications and believes that the
job definition for a Human Resource Assistant indicates that a Human
Resource Assistant should possess the skills necessary to provide the
registration information, as the duties for that position includes
compiling information and furnishing information to authorized persons.
The average hourly salary for a Human Resource Assistant is $17.70.\28\
Using a multiplier of 1.43 to account for the cost of benefits, the
costs per hour to prepare an H-1B petition is $25.31. Thus, the
[[Page 11696]]
paperwork burden of each registration would cost about $12.66.\29\
USCIS understands that some businesses may not have an employee with
the title of ``Human Resource Assistant.'' We believe that a fully
loaded wage of $25.31 per hour is a reasonable proxy for the wage of
the employee that would be required to submit the basic information
being requested by the registration.
---------------------------------------------------------------------------
\28\ According to BLS, the duties for Human Resource Assistant
are to compile and keep personnel records, record data for each
employee (such as address, weekly earnings, absences, amount of
sales or production, supervisory reports on ability, and date of and
reason for termination), compile and type reports from employment
records, file employment records, search employee files, and furnish
information to authorized persons. USCIS believes H-1B Registration
will require a similar level of skill as these tasks. See http://www.bls.gov/oco/ocos150.htm. Average wage for 2008 is at: http://www.bls.gov/oes/2008/may/oes_nat.htm#b11-0000.
\29\ 60/30 = 0.5 hours x $25.31= $12.66.
---------------------------------------------------------------------------
For the purposes of this analysis, we assume that a sufficient
number of petitions would be received each year to approve the 85,000
maximum workers, or 91,000 per year. Thus, the costs added by this rule
would range from $1.2 million for 91,000 registrants, to $2.1 million
for 163,000 registrants, and average $1.4 million based on the 110,000
H-1B filings that are projected to be filed if registration is not
implemented under this rule.
Start-up Costs. We assume that H-1B employers would not need to
expend additional funds to procure computer equipment or acquire
Internet connections. This assumption is based on the fact that the
Employment and Training Administration (ETA) of DOL already requires
employers to use Web-based electronic filing of Labor Condition
Applications (LCAs), and an approved LCA is a requisite for requesting
an H-1B employee.\30\ Thus, any establishment that would be registering
online as proposed by this rule must already have a computer and access
to the Internet.\31\ Further, the costs of learning how to apply for
registration are considered in the time for reviewing instructions in
the paperwork burden above. Therefore, this proposed rule would impose
no start-up costs on the public.
---------------------------------------------------------------------------
\30\ 20 CFR 655.705(c)(1); 20 CFR 655.720; 8 CFR
214.2(h)(ii)(B)(1).
\31\ In the case of a hardship, ETA allows a paper request for
an LCA to be filed. ETA received only one request to file in advance
in the past few years and it was not filed when the requestor was
asked for further information. ETA rejects about five LCAs per month
that are filed on paper without approval to file non-electronically.
No paper LCA has been approved in three years. Thus 100% computer
ownership is assumed for this analysis. E-mail on file with author
from Elissa McGovern, ETA, to Phillip Elder, USCIS, July 8, 2009, 11
a.m.
---------------------------------------------------------------------------
The cost to H-1B filers over the next 10 years, discounted at three
and seven percent, is summarized in the following table.
----------------------------------------------------------------------------------------------------------------
Yearly Yearly
Year Total yearly discounted cost discounted cost
cost 3% 7%
----------------------------------------------------------------------------------------------------------------
1......................................................... $1,400,000 $1,359,223 $1,308,411
2......................................................... 1,400,000 1,319,634 1,222,814
3......................................................... 1,400,000 1,281,198 1,142,817
4......................................................... 1,400,000 1,243,882 1,068,053
5......................................................... 1,400,000 1,207,652 998,181
6......................................................... 1,400,000 1,172,478 932,879
7......................................................... 1,400,000 1,138,328 871,850
8......................................................... 1,400,000 1,105,173 814,813
9......................................................... 1,400,000 1,072,983 761,507
10........................................................ 1,400,000 1,041,731 711,689
-----------------------------------------------------
Total Discounted 11,942,284 9,833,014
Cost
----------------------------------------------------------------------------------------------------------------
7. Breakeven Threshold
The cost added by this rule is the cost of the extra step now
required before a petition can be filed--registration. Registration
would become a fixed cost for all potential and actual filers of an H-
1B petition. Because registration is free except for the time required
to register, the amount of the added fixed cost is the opportunity cost
incurred by registrants to take this new step.
The breakeven threshold is calculated by setting benefits and costs
equal and solving for the number of petitions. The benefits portion
equals the cost of completing ($216.18) and mailing ($5.83) a Form I-
129 (total $222.01) multiplied by the number of petitioners over the
cap limit (unnecessary petitions). This amount represents the total
amount saved by registrants. The next benefit is the amount saved by
USCIS from not having to deal with unnecessary petitions
($412,680).\32\
---------------------------------------------------------------------------
\32\ Annual average savings totals $412,680 discounted at seven
percent.
---------------------------------------------------------------------------
Next, we include the cost component. Each filer will need to
register online at a cost of $12.66 each, multiplied by the total
number of registrants. The final component is the additional cost the
rule imposes on USCIS which totals $486,086.\33\
---------------------------------------------------------------------------
\33\ $486,086 average annual equivalent costs at seven percent
discount.
---------------------------------------------------------------------------
Therefore, based on costs and the conservative estimates for
aggregate savings for H-1B filers and the Government, the benefits to
this rule exceed the added costs imposed on all successful and
unsuccessful registrants when total registrations equal 96,854, or
exceed the 91,000 to be accepted for processing by 5,854.\34\
---------------------------------------------------------------------------
\34\ In solving for x, we rounded to the nearest whole number.
---------------------------------------------------------------------------
D. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), requires Federal agencies to consider the
potential impact of regulations on small businesses, small governmental
jurisdictions, and small organizations during the development of their
rules.
Number of small entities to which the proposed rule would apply.
According to USCIS data on the participants in the employment based
visa program, and the Small Business Administration (SBA) Small
Business Size Regulations at 13 CFR part 121, almost all, or about 88.6
percent, of the petitions requesting an H-1B employee would be filed by
firms that the size definitions indicate are small entities.\35\ In
fiscal year 2009 (the most recent breakdown available), forty-two
percent of petitions approved were for workers in computer-related
occupations. The second and third most numerous
[[Page 11697]]
occupation groups were architecture, engineering, and surveying,
followed by education (primary and secondary school teachers and
college professors).\36\
---------------------------------------------------------------------------
\35\ See Small Entity Impact Analysis for the 2010 Adjustment of
USCIS Fee Schedule (Docket USCIS-2009-0033). While we acknowledge
that the analysis provides estimates of size based on entities that
file both Form I-129 and Form I-140, we still believe this to be an
appropriate estimate for those entities that would be impacted by
this proposed rule.
\36\ See USCIS Characteristics of H-1B Specialty Occupations
Workers for FY 2009 at http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/H-1B/h1b-fy-09-characteristics.pdf.
---------------------------------------------------------------------------
USCIS records show that the employers who filed H-1B petitions
hired an average of 2.24 to 4.16 H-1B employees in fiscal years 2007
and 2008.\37\ Thus, USCIS estimates that the average number of H-1B
petitions filed per employer is about three. Therefore, based on
projected filings of 110,000 per year, it is estimated that around
36,667 firms that file a petition would be affected by this rule, with
32,487 of them being classified as small entities (110,000/3 = 36,667 x
0.886 = 32,487).
---------------------------------------------------------------------------
\37\ Calculated by dividing the total number of H-1B employees
by the total number of unduplicated petitioner Employer
Identification Numbers (EIN).
---------------------------------------------------------------------------
New Compliance Costs of the Proposed Rule. The proposed rule would
require employers to electronically register their intention to apply
for an H-1B worker for the applicable fiscal year. As indicated
previously, this new requirement would add a cost of $12.66 per worker
in public annual information collection costs. The average added cost
per employer for three employees would total $37.98. However, USCIS
expects that H-1B employers will save money due to this rule when the
overall costs savings are considered, as these H-1B employers will no
longer be filing ``unnecessary'' H-1B petitions.
Significance of Impact and Certification. Guidelines suggested by
the SBA Office of Advocacy provide that, in order for the impact to be
considered significant, the cost of a proposed regulation would have to
exceed one percent of the gross revenues of the entities in a
particular sector or 5 percent of the labor costs of the entities in
the sector. The median salary for new H-1B workers in the information
technology industry is about $50,000, based on USCIS filings. Thus, the
costs added by this rule are only 0.0003 percent of the salary costs
for the three workers ($150,000/$37.98 x 100). The average total
revenue of the typical H-1B employer is unknown. Nonetheless, to exceed
one percent of annual revenues, sales would have to be $3,798 per year
or less. Firms with sales below $3,798 would be very unlikely to hire
three employees and incur the $37.98 in added costs. USCIS believes
that the costs of this rulemaking to small entities would not exceed
one percent of annual revenues. Therefore, using both average annual
labor costs and the percentage of the affected entities' annual revenue
stream as guidelines and considering that this rule is expected to
generate a net savings to H-1B employers, USCIS concludes that this
rule would not have a significant economic impact on a substantial
number of small entities. For this reason, DHS certifies that this rule
would not have a significant economic impact on a substantial number of
small entities.
E. Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
F. Executive Order 12988 Civil Justice Reform
This rule meets the applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995), all Departments are required to submit to the Office
of Management and Budget (OMB), for review and approval, any reporting
or recordkeeping requirements inherent in a regulatory action. This
rule introduces a new registration requirement for H-1B petitions
subject to numerical limits, a new information collection under the
Paperwork Reduction Act. Accordingly, this information collection has
been submitted to OMB for review.
During the first 60 days, USCIS is requesting comments on this
information collection. USCIS will therefore accept comments on this
information collection until May 2, 2011. When submitting comments on
this information collection, your comments should address one or more
of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the agency, including whether the information
will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of the information on
those who are to respond, including through the use of any and all
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Overview of this information collection:
(1) Type of Information Collection: New information collection.
(2) Title of the Form/Collection: H-1B Cap Registration.
(3) Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: No Form
Number. This information collection is via Internet only. U.S.
Citizenship and Immigration Services.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for profit.
Petitioners seeking to file H-1B petitions for alien workers who are
subject to the numerical limitations must timely submit a registration
to USCIS prior to filing such H-1B petitions. By the close of the
registration period USCIS will randomly select timely submitted
registrations in a number sufficient to meet the numerical limit.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: 110,000
respondents at 30 minutes (.50) per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: 55,000 annual burden hours.
All comments and suggestions or questions regarding additional
information should be directed to the Department of Homeland Security,
U.S. Citizenship and Immigration Services, Chief, Regulatory Products
Division, 20 Massachusetts Avenue, NW., Washington, DC 20529-2020.
List of Subjects
8 CFR Part 214
Administrative practice and procedure, Aliens, Employment, Foreign
Officials, Health Professions, Reporting and recordkeeping
requirements, Students.
8 CFR Part 299
Immigration, Reporting and recordkeeping requirements.
[[Page 11698]]
Accordingly, parts 214 and 299 of chapter I of title 8 of the Code
of Federal Regulations are proposed to be amended as follows:
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110
Stat. 3009-708; Pub. L. 106-386, 114 Stat. 1477-1480; section 141 of
the Compacts of Free Association with the Federated States of
Micronesia and the Republic of the Marshall Islands, and with the
Government of Palau, 48 U.S.C. 1901 note, and 1931 note,
respectively; 8 CFR part 2.
2. Section 214.2 is amended by:
a. Redesignating paragraph (h)(8)(ii) as paragraph (h)(8)(iii); and
by
b. Adding new paragraph (h)(8)(ii).
The addition reads as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(h) * * *
(8) * * *
(ii) Registration for H-1B petitions subject to numerical limits--
(A) General. (1) Registration requirement. Employers seeking to file H-
1B petitions for alien workers who are subject to the numerical
limitations under section 214(g)(1)(A) of the Act or are exempt from
those limitations under section 214(g)(5)(C) of the Act must register
such aliens electronically during a designated registration period in
accordance with this section and the registration instructions unless
USCIS temporarily suspends or terminates the registration process, for
a particular fiscal year, paragraph (h)(8)(ii)(A)(3) of this section.
USCIS will notify the employer in writing of the selection of one or
more of the employer's registered beneficiaries on whose behalf the
employer may file an H-1B petition. An employer may file an H-1B
petition on behalf of a registered beneficiary only after being
notified that the petitioner's registration for that beneficiary has
been selected. Properly filing an H-1B petition following receipt of
this notification does not guarantee the availability of an H-1B
number, the approval of the petitions, or the issuance of an H-1B visa.
(2) Registration period. The registration period will commence
prior to the earliest date on which petitions may be filed for a
particular fiscal year, as specified in paragraph (h)(9)(i)(B) of this
section. USCIS will notify the public via the USCIS Web site of the
respective start date for the registration period for a particular
fiscal year prior to the earliest date for filing H-1B petitions for
such fiscal year as specified in paragraph (h)(9)(i)(B) of this
section. USCIS will monitor registration receipts and will notify the
public via the USCIS Web site at http://www.uscis.gov of the end date
of the registration period. Registrations submitted after the close of
the registration period will not be considered.
(3) Suspension or termination. USCIS may temporarily suspend the
registration process for a given fiscal year or permanently terminate
the registration process by notice on the USCIS Web site at http://www.uscis.gov. USCIS will provide such notice at least 30 days prior to
the earliest date for filing H-1B petitions. Upon suspension or
termination of the registration process, USCIS will implement the
procedures described in paragraph (h)(8)(iii) of this section for
calculating the numerical limitation for that fiscal year.
(B) Filing--(1) Electronic registration. Any registration must be
filed electronically with USCIS via its Web site at http://www.uscis.gov. No filing fee is required for registration. Employers
are required to provide the following information about their business
and the prospective alien beneficiary on the registration:
(i) The employer's name, employer identification number (EIN), and
employer's mailing address;
(ii) The authorized representative's name, job title, and contact
information (telephone number and e-mail address);
(iii) The beneficiary's full name, date of birth, country of birth,
country of citizenship, gender and passport number; and
(iv) Any additional information requested by the registration or
USCIS.
(2) Registering for beneficiaries. Employers must file a separate
registration for each requested beneficiary, and each beneficiary must
be named. Multiple beneficiaries cannot be listed in a single
registration. Only one registration may be submitted by an employer for
each beneficiary. If USCIS receives more than one registration by the
same employer for the same H-1B beneficiary, USCIS will accept only the
first valid registration submitted and reject any duplicate
registration requests. USCIS will accept more than one registration for
the same beneficiary so long as each registration relates to a
different employer.
(3) Confirmation. Employers will receive electronic notification
that USCIS has accepted the registration for processing.
(C) Notifications to file H-1B petitions.
(1) Numerical limitations not reached by earliest date on which H-
1B petitions may be filed. If USCIS determines that it has received
fewer registrations than the numerical limitations as of the earliest
date on which H-1B petitions may be filed, USCIS will notify all
employers that have properly registered their beneficiaries by this
date that they are eligible to file H-1B petitions on behalf of such
registered beneficiaries. The registration period will remain open
until USCIS determines that it has received sufficient registrations to
ensure that the numerical limitations will not be exceeded for that
fiscal year. USCIS may, in its discretion, close the registration
period at an earlier date to allow for a sufficient period of time to
receive and process petitions for that fiscal year. USCIS will issue
notices of selection to file H-1B petitions in the order that
registrations are received. If USCIS anticipates that it will receive
more registrations than the numerical limitations, USCIS will announce
a final receipt date and the closing of the registration period, and
will conduct a random selection of all registrations received on the
final receipt date.
(2) Numerical limitations reached before the earliest date on which
H-1B petitions may be filed for the new fiscal year. If USCIS
determines that it has received more registrations than the numerical
limitations before the earliest date on which H-1B petitions may be
filed for the new fiscal year, USCIS will close the registration period
and announce such closure via its Web site at http://www.uscis.gov.
USCIS will randomly select timely submitted registrations in a number
sufficient to meet the numerical limit under section 214(g)(1)(A) of
the Act and the exemption under section 214(g)(5)(C) of the Act. USCIS
will:
(i) Notify all selected employers with a selection notice that the
employer is eligible to file an H-1B petition on behalf of the
beneficiary named in the selection notice.
(ii) Maintain, in its discretion, a wait list of some or all
accepted registrations that were not initially selected as eligible to
file an H-1B petition, but which may be randomly selected should USCIS
determine that cap numbers are or will likely remain available for a
particular fiscal year.
(iii) Notify employers whose registrations are on the wait list;
(iv) Notify a wait-listed employer when its registration has been
selected that it is eligible to file an H-1B petition on behalf of the
beneficiary named in the selection notice.
[[Page 11699]]
(v) Notify employers whose registrations are not initially chosen
or placed on the wait list that they will not be eligible to file an H-
1B petition for the applicable fiscal year.
(D) H-1B petition filing following registration--(1) General. USCIS
will consider properly filed only those H-1B petitions for
beneficiaries subject to a numerical limitation or the exemption under
section 214(g)(5)(C) from registered employers notified of selection
and only for those alien beneficiaries named in the original
registration, in addition to meeting all other filing requirements.
Petitions filed by employers whose registrations were not selected by
USCIS will be rejected.
(2) Filing. Selected employers must file the H-1B petition with
required supporting documentation and filing fees in accordance with
the form instructions and applicable statutes and regulations. H-1B
petitions must be filed within the time period stated on the selection
notice and must include the selection notice issued under paragraph
(h)(8)(ii)(C) of this section. The filing period on the selection
notice will not be less than 60 days. Failure to meet these
requirements will result in rejection of the H-1B petition and return
of the filing fees.
* * * * *
PART 299--IMMIGRATION FORMS
3. The authority citation for part 299 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.
4. Section 299.1 is amended by adding the entry ``H-1B Cap
Registration'' at the end of the table, to read as follows:
Sec. 299.5 Display of control numbers.
* * * * *
----------------------------------------------------------------------------------------------------------------
Form No. Form title Currently assigned OMB control No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
H-1B Cap Registration.
----------------------------------------------------------------------------------------------------------------
Janet Napolitano,
Secretary.
[FR Doc. 2011-4731 Filed 3-2-11; 8:45 am]
BILLING CODE 9111-97-P