A final rule has not been published. This is expected to take affect only for FY 2013 starting April 2012. We will monitor and post update on our Website. Please see excerpts from the USCIS website below. 

Q1. Why is USCIS proposing a change to the H-1B filing process?
A1.  This rule reflects the Obama administration’s commitment to smart, tough and effective strategies that leverage the U.S. immigration system to the greatest benefit of immigrants and businesses. The proposed registration system would save employers the effort and expense of submitting full H-1B petitions, as well as LCAs, for prospective employees who will not be able to obtain visas under the statutory cap.

The current process requires U.S. employers to first obtain an LCA from the U.S. Department of Labor. Upon certification of the LCA, the employer may then file an H-1B petition with USCIS on Form I-129 (Petition for an Alien Worker). USCIS may only accept the properly filed H-1B petition if the statutory cap has not been reached.

Q2. Will the proposed advance registration process go into effect right away?  
A2. No. Publication of the proposed rule is only the beginning of the regulatory process where USCIS announces its proposal and solicits public comments on that proposal. This proposed rule provides for a 60-day public comment period, which will allow businesses and the general public to provide input on the proposed system in order to ensure it best meets the needs of employers that rely on H-1B visas to bring in foreign workers for specialty occupations.  After receipt and analysis of the comments, USCIS will draft a final rule. The registration process would only become effective after the final rule is published.

Q3. How would this advance registration impact the processing time for H-1B petitions?
A3. This proposed rule would not impact the processing times for Form I-129, once an H-1B petition has been accepted for adjudication.

Q4. What is the estimated financial impact of this proposed rule for businesses?
A4. USCIS prepared an economic assessment of the benefits and costs anticipated to occur as a result of this rule, and we estimate that the net savings for H-1B petitioners would be more than $23 million over the next 10 years.

Q5. When could USCIS use this advance registration process?
A5.  This electronic registration system will not go into effect until a final rule is published and becomes effective.  If a final version of the rule is published by January 2012, USCIS could implement the proposed registration system for the fiscal year 2013 H-1B season, which opens in