USCIS is seeking the OMB (Office of Management and Budget) to approve a proposed rule that would require employers to pre-register before filing an H-1B cap petition.  Public comment will be sought on this issue and details are not being revealed at this time until it is published which could take several months.

What is known is that USCIS asserts that this will streamline the H-1B cap filing process by asking employers to register online and obtain a cap number before submitting a cap subject petition.  USCIS is suggesting that a system such as this be put in place for other petitions that are subject to an annual cap.

The Ombudsman in his report this year suggested that USCIS begin developing the system and with the plan to have it up and running by fiscal year 2012.  A plan such as this has been suggested in the past to deal with the high volume submissions of H-1B cap cases (which certainly hasn’t been an issue in the last 2 years).  We will keep you posted on any further developments concerning this issue.