Pia-034

Privacy Impact Assessment Update
for the

H-1B Visa Cap Registration
DHS/USCIS/PIA-034(b)
March 3, 2020
Contact Point
Donald K. Hawkins
Privacy Officer
U.S. Citizenship and Immigration Services
(202) 272-8030
Reviewing Official
Jonathan R. Cantor
Acting Chief Privacy Officer
Department of Homeland Security
(202) 343-1717

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Abstract
In January 2019, the Department of Homeland Security (DHS) amended the regulations
governing H-1B cap-subject petitions and introduced an electronic registration requirement for
petitioners seeking to file H-1B cap-subject petitions. This Final Rule required employers seeking
to file H-1B cap-subject petitions, including those who may be eligible for the advanced degree
exemption based on the attainment of a bachelor’s or higher academic degree in the specialty field,
to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a
designated registration period. The final rule also reversed the order by which USCIS selects
petitions under the H-1B regular cap and the advanced degree exemption. While the cap allocation
amendment within the rulemaking went into effect and applied to Fiscal Year (FY) 2020 cap
allocations, the electronic registration requirement is now being implemented starting with the FY
2021 cap allocations in March 2020.
DHS published a notice, Registration Requirement for Petitioners Seeking To File H-1B
Petitions on Behalf of Cap-Subject Aliens, in the Federal Register on January 9, 2020, to announce
that the registration requirement will first be implemented on March 1, 2020. In addition, USCIS
will begin using the H-1B Registration Random Selection Process and the electronic H-1B
Registration Tool. This PIA is being conducted because the implementation of the H-1B
Registration Random Selection Process and use of the electronic H-1B Registration Tool alters
existing practices related to the collection, maintenance, and use of personally identifiable
information (PII) from petitioners seeking to file H-1B cap-subject petitions with USCIS or legal
representatives filing H-1B cap-subject petitions on behalf of petitioners.

Overview
USCIS receives and adjudicates petitions and applications for all immigration benefits,
including petitions by U.S. employers seeking nonimmigrant worker status for aliens. More
specifically, USCIS administers and adjudicates H-1B nonimmigrant petitions, 1 which are filed by
employers or agents (hereinafter referred to as petitioners) to authorize employment of foreign
workers in specialty occupations that require theoretical or practical application of highly
specialized knowledge and attainment of a bachelor’s or higher degree in the specialty. Typical H1B occupations include architects, engineers, computer programmers, accountants, doctors, and
college professors, among others. H-1B petitions are also filed on behalf of fashion models with
distinguished merit and ability. 2

1 Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens, 84 FR
888 (January 31, 2019), https://www.federalregister.gov/documents/2019/01/31/2019-00302/registrationrequirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-cap-subject.
2
H-1B petitions are also filed on behalf of certain Department of Defense workers, however, those petitions are not
relevant to the registration requirement or this Privacy Impact Assessment.

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U.S. employers and agents are eligible to file H-1B petitions and therefore eligible to
submit registrations through the H-1B Registration Tool. When registration is required,
prospective petitioners seeking to file an H-1B cap-subject petition must submit a registration for
each prospective beneficiary through the H-1B Registration Tool. A properly submitted
registration must be selected before the prospective petitioner is eligible to file an H-1B capsubject petition for the beneficiary named in the registration. Employers and their agents are
referred to as registrants for the purposes of the H-1B Registration Tool and the Random Selection
Process. USCIS defines U.S. Employers and Agents as follows:
•

U.S. Employers: Person or entity in the United States that:
o Engages a person to work in the United States
o Has an employer-employee relationship with the beneficiary; and
o Has an Employee Identification Number (EIN)

•

Agents: A U.S. individual or company in business as an agent may file an H-1B Petition
for workers who are traditionally self-employed or workers who use agents to arrange
short-term employment on their behalf with numerous employers and in cases in which a
foreign employer authorizes the agent to act on its behalf.

U.S. Employers (Registrants) seeking benefits for a prospective alien employee (herein after
referred to as beneficiary) under the H-1B nonimmigrant classification may be subject to
congressionally mandated annual numerical limits, known as the H-1B cap. These numerical limits
generally limit the number of workers that can be issued a visa and/or receive H-1B classification
in a given FY. By law the annual numerical limitation for H-1B workers is 65,000 (“regular cap”). 3
An exemption applies to 20,000 H-1B petitions filed on behalf of beneficiaries who have earned a
U.S. master’s degree or higher (“advanced degree exemption”). This means, in effect, 85,000
initial H-1B visas (including initial grants of H-1B status) may be granted per FY to alien workers
who are subject to the H-1B cap. 4
Historically, USCIS has received more petitions than projected as needed to reach the H1B numerical allocations, such that the H-1B cap has been reached within days of opening the H1B cap filing period for the applicable FY. In previous years, and consistent with regulations that
existed at the time, when USCIS received more H-1B cap petitions than projected as needed to
reach the numerical allocations, USCIS would use a random selection process to ensure fairness.
Selected petitions that were properly filed would be adjudicated. Unselected petitions, however,
would be rejected and returned to the petitioner or representative, as applicable. This process
required USCIS to receive, handle, and return large numbers of petitions, which contain large
See Immigration and Nationality Act (INA) 214(g)(1)(A).
Certain petitioners, however, are cap-exempt so the total number of H-1B workers granted initial H-1B visas (or
initial grants of status) per FY is more than 85,000. See INA 214(g)(5)(A) and (B).
3
4

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amounts of PII for each beneficiary, that were rejected because of excess demand (unselected
petitions).
For the upcoming H-1B cap season, consistent with current regulations, USCIS is
implementing a mandatory online registration process using a new electronic tool known as the H1B Registration Tool. DHS published a notice, Registration Requirement for Petitioners Seeking
To File H-1B Petitions on Behalf of Cap-Subject Aliens, in the Federal Register to announce the
registration requirement implementation on March 1, 2020. 5 Through the myUSCIS Account
Experience, 6 registrants (U.S. employers or an agent working on behalf of a U.S. employer) will
be able to register beneficiaries (prospective employees) for participation in a random H-1B cap
selection process, instead of initially filing a full H-1B petition via a paper form. The
implementation of the H-1B Registration Tool will be less cumbersome for employers as it will
initially require the submission of less information for each beneficiary than the traditional filing
of a complete H-1B petition, and streamline the cap selection process for USCIS.
Through the H-1B Registration Tool, USCIS will collect information about the H-1B
registrant, the attorney or accredited representative acting on behalf of the registrant (collectively
referred to as representatives), and the prospective beneficiary. The H-1B Registration Tool will
collect the following information about the H-1B Registrant and/or its representative as a part of
the H-1B registration process: organization name, full name of the contact person and his or her
title, contact information, and the Employee Identification Number (EIN). The H-1B Registration
Tool will collect the following information about the beneficiary as a part of the H-1B registration
process: full name, date of birth, country of birth, country of citizenship, passport number, gender,
and the category (seeking to file under the regular cap or the advanced degree exemption).
USCIS will use the data collected through the H-1B Registration Tool to run the H-1B
Registration Random Selection Process that will determine which registrations are randomly
selected to file for the full H-1B nonimmigrant petitions. A prospective petitioner seeking to file
an H-1B cap-subject petition is only eligible to file the petition if the petitioner registers the
beneficiary and the registration is selected by USCIS. If selected, the registrants or legal
representative will then be informed that they may submit a USCIS Form I-129, Petition for a
Nonimmigrant Worker in a request for a nonimmigrant petition for the beneficiary named in the
selected registration. The H-1B Registration Tool and the subsequent random selection process to
determine filing eligibility does not otherwise change the process for filing, processing, and
adjudicating H-1B petitions (i.e., Form I-129).

Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens, 85 FR
1176 (January 9, 2020), https://www.federalregister.gov/documents/2020/01/09/2020-00182/registrationrequirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-cap-subject.
6
See DHS/USCIS/PIA-071 myUSCIS Account Experience, available at www.dhs.gov/privacy.
5

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Reason for the PIA Update
In January 2019, DHS published a Final Rule to amend the regulations governing H-1B
cap-subject petitions and introduced an electronic registration requirement for petitioners seeking
to file H-1B cap-subject petitions. 7 The Final Rule requires employers seeking to file H-1B
petitions subject to the regular cap, including those who may be eligible for the advanced degree
exemption, to first electronically register with USCIS during a designated registration period.
While the cap allocation amendment within the rulemaking went into effect on April 1, 2019 and
applied to FY2020 cap allocations, the electronic registration requirement was suspended for the
FY 2020 cap season in the final rule to allow sufficient time for the testing and vetting of the H1B Registration Tool.
The H-1B electronic registration requirement is now being implemented starting with the
FY 2021 cap allocations in March 2020. DHS published a notice, Registration Requirement for
Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens, 8 in the Federal
Register to announce that the electronic registration requirement will first be implemented on
March 1, 2020. DHS is publishing this PIA, which will update the existing DHS/USCIS/PIA-034
H-1B Visa Cap Registration, to document the implementation of the electronic registration
requirement, the H-1B Registration Random Selection Process, and use of the electronic H-1B
Registration Tool. 9 The implementation of the electronic registration requirement using the H-1B
Registration Random Selection Process and electronic H-1B Registration Tool alters existing
practices related to the collection, maintenance, and use of PII from petitioners seeking to file H1B cap-subject petitions with USCIS.
New Electronic Process Using the H-1B Registration Tool
Beginning with the FY 2021 cap season, USCIS will implement a mandatory online
registration process using an electronic tool known as the H-1B Registration Tool. Registrants 10
will be able to register prospective beneficiaries for random selection toward the projections
needed to reach the H-1B numerical allocations, instead of initially filing a full petition via a paper
form, through the myUSCIS Account Experience. 11 USCIS amended its regulations via the
rulemaking process to provide a new procedure to streamline and simplify the process for
petitioners subject to H-1B numerical limits. This amendment established the mandatory electronic
The Final Rule also reversed the order by which USCIS selects petitions under the H-1B regular cap and the
advanced degree exemption.
8
Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens, 85 FR
1176 (January 9, 2020), https://www.federalregister.gov/documents/2020/01/09/2020-00182/registrationrequirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-cap-subject.
9
See DHS/USCIS/PIA-034 H-1B Visa Cap Registration, available at www.dhs.gov/privacy.
10
As stated previously, prospective petitioners are referred to as “registrants” for the purposes of the H-1B
Registration Tool and random selection process.
11
See DHS/USCIS/PIA-071 myUSCIS Account Experience, available at www.dhs.gov/privacy.
7

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registration requirement requiring registrants seeking to file H-1B cap-subject petitions, agents, or
representatives to register for the H-1B cap random selection process.
myUSCIS Account Experience provides authenticated, personalized digital services to
immigration requestors and legal representatives for a seamless end-to-end online filing through a
secure USCIS online account. The authenticated myUSCIS Account Experience provides users
with the ability to create secure role-based accounts via the myAccount application, an enterprisewide program that manages identity and credentials and provides centralized access control to
USCIS immigration systems. This allows USCIS Users (i.e., applicants or petitioners) and
Representatives (i.e., lawyers or charitable groups) to complete and save immigration requests
and/or view latest information about their cases. USCIS Users and Representatives have different
myAccount types, but most of the same features once logged in. Unlike USCIS User accounts, the
Representative accounts allow for filtered searches of filed immigration requests, since legal
representatives need to manage multiple cases for multiple clients.
As a part of the H-1B Registration Tool, myUSCIS Account Experience now identifies “H1B Registrant” as a new account type that can be selected when creating an account. This account
type streamlines the current myUSCIS account to allow the account holder to only submit H-1B
Registrations. The “H-1B Registrant” account will allow U.S. employers seeking benefits for a
prospective alien employee (beneficiary) to register the beneficiary for participation in the Random
Selection Process, instead of initially filing a full H-1B petition via a paper form. The “H-1B
Registrant” follows the same account creation process as a USCIS User account. During the
account creation, myUSCIS Account Experience collects name, physical address, home telephone
number, mobile phone number, user name, user password, responses to security questions, and a
USCIS-generated authentication code. If a Registrant or Legal Representative has an existing
myUSCIS account, he or she may use the existing account to submit H-1B Registrations and is not
required to create an additional “H-1B Registrant” account.
Attorneys and accredited legal representatives (i.e., those that require the submission of a
Form G-28) who are submitting H-1B Registrations on behalf of an employer or agent 12 are
directed to create a “Legal Representative” account, if they do not have an existing representative
account. For a Legal Representative account, USCIS collects the organization name, bar number,
licensing authority, accredited representation date, daytime phone number, fax number, mailing
address, and an electronic signature to verify information. The H-1B Registration process does not
alter the requirements for legal representatives to complete Form G-28, Notice of Entry of
Appearance as Attorney or Accredited Representative, and file it with USCIS.

USCIS defines ‘Agents’ as a U.S. individual or company in business as an agency may file an H-1B Registration
for workers who are traditionally self-employed or workers who use agents to arrange short-term employment on
their behalf with numerous employers and in cases where a foreign employer authorizes the agent to act on its
behalf.
12

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H-1B registrations may only be filed electronically via USCIS’s online filing portal at
www.myaccount.uscis.gov. This is the only method by which information can be transmitted to
USCIS to participate in the H-1B Random Selection Process. The H-1B Registration Tool will
allow registrants or representatives to register for the H-1B Random Selection Process, while being
less cumbersome and requiring less information for each beneficiary than filing a complete H-1B
cap-subject petition in order to be considered in the cap selection process. The H-1B Registration
Tool will collect the following information as a part of the H-1B registration process:
•

Information about the H-1B Registrant and/or its representative includes:
o Organization name
o Full name of contact person
o Title of contact person
o Email address
o Telephone number
o Mailing address (includes street address, city, state, province, and zip code)
o Employee Identification Number (EIN) 13

•

Information about the beneficiary includes:
o Full name
o Date of birth
o Country of birth
o Country of citizenship
o Passport number
o Gender 14
o Category – regular cap or advanced degree exemption

Registrants or representatives seeking to file H-1B cap-subject petitions are required to pay a $10
fee for each beneficiary they submit to USCIS for the H-1B cap selection process. Through the H1B Registration Tool, registrants or representatives will be directed to pay.gov to pay the
registration fee. Payment is made using the U.S. Department of Treasury’s Pay.Gov service.
USCIS does not collect the fee directly. Rather, the account holder is redirected to the Pay.Gov
interface, and Pay.Gov collects payment information (e.g., credit card, debit card, or Automated
Clearing House (ACH debit)) from a personal bank account and billing information. Once Pay.Gov
validates the payment information, the account holder is routed back to the H-1B Registration Tool
and the H-1B Registration Tool confirms to the registrant or representative that he or she
Users can input a Social Security number (SSN) in place of an EIN, if the H-1B Registrant does not have an EIN.
USCIS uses gender to help differentiate between beneficiaries with the same or similar names. USCIS will use the
gender provided during registration in concert with the other data fields (DOB & passport number) to confirm that
the beneficiary that is submitting the Form I-129 is the individual that was selected and not a different person with
the same name.
13
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successfully submitted the registration.
A registrant or representative may only submit one registration per beneficiary in any FY.
If a registrant or representative submits more than one registration per beneficiary in the same FY,
all registrations filed by that registrant relating to that beneficiary for that FY will be considered
invalid. Registrants and representatives are informed in public communication, the Final Rule, and
on screen in myUSCIS of the rules surrounding the submission of duplicate registrations on behalf
of the same beneficiary. When logged into his or her myUSCIS account, the account holder (a
registrant or representative) can review all submitted registrations enabling them to proactively
identify and remove any duplicate beneficiaries prior to the close of the registration period.
Duplicate beneficiaries remaining at the start of the random selection process will be identified
and flagged by the system prior to the start of the Random Selection Process. After the selection
process, registrants and representatives who submitted duplicate beneficiaries will be notified that
the duplicate beneficiary registrations are invalid and that they were denied due to the duplicate
submission.
USCIS will collect information related to H-1B Registration directly from the registrant or
the representative (such as an attorney acting on behalf of the registrant). The registrant or
representative will collect beneficiary information from the beneficiary in order to submit the
registration. The H-1B Registration Tool is dependent on the accuracy and quality of information
provided by the H-1B registrant and representative. The information is collected directly from the
registrant or representative and is assumed to be accurate. Prior to the official submission of the
information to the USCIS, the H-1B Registration Tool provides registrants and representative an
opportunity to review and correct data inputs.
Once the H-1B registration is submitted, a confirmation notice will be generated for the
registrant or representative for each successful registration. The confirmation receipt will capture
the beneficiary’s information and include a confirmation number associated with the registration.
Each beneficiary will be assigned a unique Beneficiary Confirmation Number (BCN) to more
easily identify the individual beneficiaries listed within a submitted registration because USCIS
will allow for a registrant to submit up to 250 registrations in one submission. The registrant or
representative may print the notice at that time or at any time later by logging into his or her
myUSCIS account. Registrants or representatives will be able to monitor the status of their
submissions by logging into their myUSCIS Account. Registrants or representatives will be able
to review their submitted registrations and delete a particular beneficiary listed within a
registration. In addition, myUSCIS will allow users to download a .csv file listing of their H-1B
registrations for beneficiaries. Registrants and representatives are strongly encouraged via online
directions to review and confirm submissions of registrations as there will be no reimbursement
for registration fees associated with the deleted submitted beneficiary registrations.
A separate registration must be submitted for each beneficiary on whose behalf a registrant

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or representative seeks to file an H-1B cap-subject petition. Registrants or representatives may
submit up to 250 beneficiaries for any one registrant (employer or agent) per registration.
Individuals must create a new registration per 250 beneficiaries submitted. Registrants or
representatives will only be eligible to file an H-1B cap-subject petition on Form I-129 (unless
registration is suspended) for a beneficiary named in a valid selected registration during an
associated filing period for the applicable FY.
H-1B Registration Selection
Once a registration is submitted, the H-1B Registration Tool will electronically transmit
the information to the internal USCIS Benefits Hub (BHUB) application to enable the selection
process to commence. BHUB is an application within the Computer Linked Application
Information Management System 3 (CLAIMS 3) 15 security boundary built to manage the Random
Selection Process for the H-1B Registration Tool system. While within the CLAIMS 3 system
security boundary, BHUB is a standalone application that stores data on its own independent
database. The data will be automatically transferred via a system-to-system connection between
myUSCIS and BHUB.
The annual initial registration period will last a minimum of 14 calendar days and will start
at least 14 calendar days before the earliest date on which H-1B cap subject petitions may be filed
for a particular FY. At the end of the annual initial registration period, if USCIS determines that it
has received fewer registrations than needed to meet the H–1B regular cap, USCIS will notify all
petitioners that have properly registered that their registrations have been selected. USCIS will
keep the registration period open beyond the initial registration period, until it determines that it
has received a sufficient number of registrations to meet the H–1B regular cap. Once USCIS has
received a sufficient number of registrations to meet the H–1B regular cap, USCIS will no longer
accept registrations for petitions subject to the H–1B regular cap under section 214(g)(1)(A).
USCIS will monitor the number of registrations received and will notify the public of the date that
USCIS has received the necessary number of registrations (the ‘‘final registration date’’). A similar
process will then be completed to select the number of registrations projected to reach the advanced
degree exemption.
After the end of the initial registration period once USCIS has received a sufficient number
of registrations and when necessary to ensure the fair and orderly allocation of numbers under
Section 214(g)(1)(A) of the INA, USCIS will randomly select a sufficient number of registrations
deemed necessary to meet the H-1B regular cap through a randomized selection process. The H1B Random Selection Process begins with the creation of universally unique identifier (UUID)
numbers equal to the total number of eligible Beneficiary Confirmation Numbers (BCN). 16 The
See DHS/USCIS/PIA-016 Computer Linked Application Information Management System (CLAIMS 3) and
Associated Systems, available at www.dhs.gov/privacy.
16
For example, if there are 20,000 eligible BCNs, the system will generate 20,000 unique UUIDs.
15

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system will then randomly shuffle the UUID numbers and the eligible BCNs. Once shuffled the
UUIDs will be randomly assigned to the BCNs. The UUIDs are then shuffled again to ensure a
random order. The system will then randomly select a predetermined amount of unique tickets
(equal to the projected number needed to reach the cap) using an Amazon Web Services Key
Management Service seeded randomizer. The system will then save the created numbers, and
associated BCNs, and those selected to the Benefits Hub database for reporting and auditing
purposes.
Post H-1B Selection Process
Once a beneficiary is selected under the regular cap or the advanced degree exemption,
USCIS will issue a notice to the registrant or representative informing him or her of the selection
and eligibility to file an H-1B cap-subject petition for the beneficiary named in the selected
registration during the designated petition-filing period, and the selection notice will include the
date by which the associated H-1B cap petition must be filed. Registrants or representatives of
selected beneficiaries will then be eligible to file completed H-1B petitions for the upcoming FY
on behalf of the beneficiary named in the registration.
The Enterprise Print Manager System (EPMS) 17 will electronically generate all H-1B
registration related notices. The registrant or representative will receive the notice via email or
SMS based on his or her contact preferences. The notice informs the user to log into his or her
myUSCIS account to view the update. The PDF of the notice will appear in the user’s myUSCIS
account. All notices will be stored within the USCIS Content Management Services (CMS). 18
The selection notice will contain a unique identifying number and a machine-readable zone
that USCIS will use to verify the petitions and intended beneficiary. USCIS will require the
petitioner to submit the selection notice with his or her subsequent submission of the Form I-129
to facilitate the proper and timely identification of registrants and beneficiaries selected during the
registration process. The submission of the selection notice is an anti-fraud measure to ensure the
integrity of the H-1B cap number allocation process.
After the selection process, users will be able to view their selection status within their
myUSCIS Account Experience accounts. Depending on the individual’s selection, there are three
possible statuses that will appear: ‘Selected,’ ‘Denied-Duplicate,’ and ‘Non-selected and
Submitted.’ Within the myUSCIS account, there is a Tooltips screen to provide users with
descriptions of each status. Once the registrant or representative logs into his or her myUSCIS
account, he or she will see a question mark next to the status column; if the user clicks the question
mark the Tooltips screen appears as a pop-up box with the status definitions. In addition, public
communications, including USCIS press releases, information posted on USCIS websites, USCIS
17
18

See DHS/USCIS/PIA-063 Benefit Decision and Output Processes, available at www.dhs.gov/privacy.
See DHS/USCIS/PIA-079 Content Management Services, available at www.dhs.gov/privacy.

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posts on public social networking websites, and public webinars hosted by USCIS, will include
these status descriptions.
Non-selected registrations will remain pending in the system and marked as “submitted”
for the rest of the applicable FY in case USCIS needs to select additional registrations (e.g., if the
petition filing rate for selected registrations is less than that projected). If USCIS determines that
it needs to increase the number of registrations projected to meet the applicable numerical
allocation (i.e., if all submitted registrations were previously selected during the random selection
process and there are no additional registrations remaining in the system), USCIS may re-open the
registration period to enable the public to submit new applications. To select any additional
registrations, USCIS will randomly select a sufficient number of registrations through the Random
Selection Process described previously in this PIA.
The information collected during the initial registration through the H-1B Registration
Tool is only used for the initial registration and Random Selection Process. Selected registrants or
representatives will be required to submit the information collected during the H-1B registration
process again when filing Form I-129, Petition for a Nonimmigrant Worker, as that information is
required for processing and adjudication of the form.
The H-1B Registration Tool does not otherwise alter the process for processing and
adjudicating H-1B petitions (i.e., Form I-129), which USCIS will continue to process and
adjudicate as described in the Computer Linked Application Information Management System and
Associated Systems (CLAIMS 3) PIA 19 and Benefits Information System (BIS) system of records
notice (SORN). 20

Privacy Impact Analysis
In each of the below sections consider how the system has changed and what impact it has on the below
fair information principles. In some cases there may be no changes and indicate as such.

Authorities and Other Requirements
The statutory authority is section 101(a)(15)(H)(i)(b) and 214(c)(1) of the Immigration and
Nationality Act (Act or INA); 8 U.S.C. 1101(a)(15)(H)(i)(b) and 1184(c)(1); and the regulatory
authority is 8 CFR 214.2(h)(2)(i)(A).

See DHS/USCIS/PIA-016 Computer Linked Application Information Management System (CLAIMS 3) and
Associated Systems, available at www.dhs.gov/privacy.
20
DHS/USCIS-007 Benefits Information System, 84 FR 54622 (October 10, 2019).
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The following SORN covers the collection, use, maintenance, and dissemination of
information:
•

Benefits Information System, 21 which covers USCIS’s collection, use, maintenance,
dissemination, and storage of paper and electronic benefit request information. It also
covers case specific information that is collected and shared with online account
holders

The H-1B Registration Tool, which registrants and representatives use to submit H-1B
registrations, resides within the myUSCIS system security boundary. The implementation of the
H-1B Registration Tool does not change the Authority to Operate (ATO) for myUSCIS. USCIS
issued the ATO for myUSCIS on December 18, 2014, and this system is part of the Ongoing
Authorization program. As such, myUSCIS has an ongoing ATO with no expiration date as long
as myUSCIS continues to operate in compliance with security and privacy requirements.
The Benefits Hub (BHUB) application, which receives H-1B initial registration
information from the H-1B Registration Tool and manages the Random Selection Process, resides
within the CLAIMS 3 system security boundary. The implementation of the BHUB application
does not change the ATO for CLAIMS 3. USCIS issued the ATO for CLAIMS 3 on September 3,
2015, and this system is part of an Ongoing Authorization program. As such, CLAIMS 3 will have
an ongoing ATO with no expiration date as long as CLAIMS 3 continues to operate in compliance
with security and privacy requirements.
USCIS is working with the USCIS Records Officer on establishing a retention schedule
for the H-1B Cap Registration selection process related records. In accordance with federal records
laws, USCIS will not destroy records until the National Archives and Records Administration
(NARA) approves a retention schedule for the records.
The H-1B Registration Tool is subject to the Paperwork Reduction Act (PRA)
requirements for information collections. The OMB Control number for online myUSCIS Account
Experience account creation is 1615-0122 (there is no corresponding agency number). Each
immigration request form or service type filed through myUSCIS Account Experience has an
existing OMB Control number that covers the electronic information collection. The H-1B
Registration Tool is covered under OMB Control number 1615-0144.
Characterization of the Information
The H-1B Registration Tool will allow registrants or representatives to register for the H1B Random Selection Process, while being less cumbersome and requiring less information from
each registrant and beneficiary than filing a complete initial H-1B cap-subject petition. Through
the H-1B Registration Tool, USCIS will collect information about the H-1B registrant,
21

DHS/USCIS-007 Benefits Information System, 84 FR 54622 (October 10, 2019).

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representative (such as an attorney acting on behalf of the registrant), and prospective beneficiary.
USCIS will use the data collected through the H-1B Registration Tool to determine which
registrants (e.g., U.S. employers) will be informed that they may submit a USCIS Form I-129 in a
request for a nonimmigrant petition on behalf of a beneficiary (employee).
The H-1B registrant is an employer and prospective petitioner seeking to file an H-1B capsubject petition in order to hire a beneficiary under the H-1B classification. The registrant or the
registrant’s agent may complete the H-1B Registration. Information about the H-1B Registrant
and/or its representative includes the:
•

Organization name

•

Full name of contact person

•

Title of contact person

•

Email address

•

Telephone number

•

Mailing address (includes street address, city, state, province, and zip code)

•

Employee Identification Number (EIN)

The H-1B beneficiary is the alien who would be employed in the United States as an H-1B
nonimmigrant if the H-1B petition is ultimately approved and the alien is admitted or otherwise
provided status as an H-1B nonimmigrant. Information about the beneficiary includes his or her:
•

Full name

•

Date of birth

•

Country of birth

•

Country of citizenship

•

Passport number

•

Gender

•

Category – cap or exemption

USCIS needs the information collected through the H-1B Registration Tool to identify the
prospective petitioner and prospective beneficiary in order to administer the electronic cap
selection process. A U.S. employer, or agent in some instances, may file a petition for
nonimmigrant worker to employ foreign nationals under the H-1B nonimmigrant classification.
While not requested by USCIS or required as a part of the H-1B Registration process, Registrants
can input a Social Security number (SSN) in place of an EIN if they have not previously obtained
an EIN from the Internal Revenue Service.

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Fee collection will require registrants or representatives who are submitting an H-1B
registration to submit any personal information required for payment of such fee. Registrants and
representatives will be directed to Pay.gov to pay the registration fee and will enter all payment
information there. If paying via credit card, debit, or ACH, registrants or representatives will likely
need to submit the individual’s name and address along with any relevant credit card or bank
account information to complete the fee payment. USCIS will receive a payment success or fail
message and the associated transaction number from Pay.gov. USCIS does not receive any of the
payment information from Pay.gov. No H-1B Registration related information is transferred to
Pay.gov.
The H-1B Registration Tool will be dependent on the accuracy and quality of information
provided by the registrant or representative. The information is collected directly from the
registrant or representative and is assumed to be accurate. Prior to his or her official submission to
the agency, the registrant or representative will be provided an opportunity to review and correct
data entries. Furthermore, registrants and representatives are able to view and delete beneficiaries
from a registration via their myUSCIS account even after the registration is submitted.
Once a registration is submitted, the system will assign individual beneficiaries listed on
the registration a unique Beneficiary Confirmation Number (BCN). When a registrant or
representative submits a registration, a receipt number is assigned to the overarching submission,
but that submission could include up to 250 beneficiaries. A BCN is assigned to each beneficiary
listed within a registration submission and is how each individual is differentiated without tracking
the beneficiaries by a combination of other PII data elements (such as name/date of birth).
The H-1B registration requirement and process, once implemented, supports the data
minimization Fair Information Practice Principle 22 because USCIS will no longer receive, handle,
and return large numbers of petitions that are currently rejected because of excess demand
(unselected petitions), except in those instances when the registration requirement is suspended.
The H-1B Registration electronic registration requirement, Random Selection Process, and
the H-1B Registration Tool, will not otherwise alter the process for processing and adjudicating
H-1B petitions (i.e., Form I-129), which USCIS will continue to process and adjudicate as normal.
Privacy Risk: There is a privacy risk that USCIS will collect more information than is
necessary to perform the random selection.

22
In 2008, DHS issued a policy declaring eight Fair Information Practice Principles (FIPPs), rooted in the tenets of
the Privacy Act of 1974, as the foundation and guiding principles of the Department’s privacy program governing
the use of personally identifiable information (PII). DHS uses the FIPPs to assess and enhance privacy protections
by analyzing the nature and purpose of the collection of PII to fulfill DHS’s mission and how the Department can
best provide privacy protections in light of these principles. For more information on the FIPPs, see
https://www.dhs.gov/sites/default/files/publications/privacy_policyguide_2008-01_0.pdf.

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Mitigation: USCIS will significantly reduce its initial collection of information with the
implementation of the H-1B Registration Tool. The H-1B Registration Tool will only collect those
data elements needed to perform the random selection required by the program. USCIS has
identified a minimum set of PII about the registrant and beneficiary needed to administer the
Random Selection Process. The H-1B Registration Tool will eliminate the need for registrants to
prepare and file complete H-1B cap-subject petitions without any certainty that an H-1B cap
number will ultimately be allocated to the beneficiary named on the petition. The implementation
of the H-1B Registration Tool will only require USCIS to collect the minimum amount of
information needed to determine which registrant is eligible to file the complete petition.
Privacy Risk: The H-1B Registration Tool will present the risk of data inaccuracies.
Mitigation: This risk is partially mitigated. The H-1B Registration Tool will be dependent
on the accuracy and quality of information provided by the registrant or representative during the
registration process. USCIS will not collect information directly from the beneficiary, but will rely
on the registrant or representative to gather correct beneficiary data and input the data into the H1B Registration Tool. The H-1B beneficiary will provide information to the registrant or
representative, which is then submitted online. USCIS will provide users an opportunity to review
and correct data inputs prior to their official submission to the agency. Moreover, the registration
form will include clear and concise instructions to limit the possibility of providing incorrect data
(e.g., registrants would be instructed to use mm/dd/yyyy for birth date). Furthermore, registrants
and representatives will be able to log into their myUSCIS accounts to view their previously
submitted registrations. If a registrant or representative determines that information about a
beneficiary is incorrect, he or she can delete the beneficiary from the registration prior to USCIS
conducting the Random Selection Process.
Privacy Risk: The submission of multiple registrations for a single beneficiary presents a
data integrity risk for the H-1B Registration Random Selection Process.
Mitigation: This risk is partially mitigated. While a registrant may only submit one
registration per beneficiary in any FY, the H-1B Registration Tool will not prevent the submission
of multiple registrations for a single beneficiary. If a registrant submits more than one registration
per beneficiary in the same FY, all registrations filed by that registrant relating to that beneficiary
for that FY will be considered invalid. Registrants and representatives are informed in public
communication, the final rule, and on screen in myUSCIS of the rules surrounding the submission
of duplicate beneficiaries. USCIS provides users an opportunity to review, correct data inputs, or
remove duplicate entries prior to their official submission to the agency. Registrants and
representatives can delete duplicates prior to the selection period if they discover a duplicate while
reviewing their submissions. Registrants and representatives are able to review all of their
submissions via a .csv file download. Duplicate beneficiaries will be identified as invalid
beneficiary registrations and automatically removed by the system immediately prior to the

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Random Selection Process. After the Random Selection Process, the account holder will be
notified that the beneficiary was invalidated as a prohibited duplicate submission.
Uses of the Information
There are no new uses of this information resulting from the implementation of the H-1B
Registration Tool and Random Selection Process. USCIS will use the H-1B Cap Registration
information to administer the H-1B cap selection process. USCIS uses the information collected
through the H-1B Registration Tool to administer a Random Selection Process to determine which
prospective petitioners (registrants) are eligible to file an H-1B cap-subject petition on behalf of
the beneficiary named in the registration submission. The collected information will also be used
by USCIS to generate notifications to forward to the account holder who submitted the registration
indicating whether the prospective petitioner may file a Form I-129 to request classification of the
named beneficiary as an H-1B nonimmigrant worker.
The H-1B Registration Tool will electronically transmit the information to the Benefits
HUB (BHUB) application within the CLAIMS 3 security boundary to enable the Random
Selection Process to be run. The data will be automatically transferred via a system-to-system
connection between myUSCIS and BHUB.
The information collected during the initial registration through the H-1B Registration Tool
is only used for the initial registration and Random Selection Process. Selected registrants or
representatives will be required to submit the information collected during the H-1B registration
process again when filing Form I-129, Petition for a Nonimmigrant Worker, as that information is
required for processing and adjudication of the form. The H-1B Registration Tool does not
otherwise alter the process for processing and adjudicating H-1B petitions (i.e., Form I-129), which
USCIS will continue to process and adjudicate as described in the CLAIMS 3 PIA 23 and Benefits
Information System (BIS) system of records notice (SORN). 24
Privacy Risk: There is a privacy risk that unauthorized users could access the registration
records.
Mitigation: All records will be protected from unauthorized access through appropriate
administrative, physical, and technical safeguards that include restricting access to authorized
personnel who have a need-to-know. USCIS will limit access to PII by employing role-based
access (only allowing access to users who need particular PII to perform their duties). USCIS will
also deploy user logs to ensure users are only accessing information related to their job functions.

See DHS/USCIS/PIA-016 Computer Linked Application Information Management System (CLAIMS 3) and
Associated Systems, available at www.dhs.gov/privacy.
24
DHS/USCIS-007 Benefits Information System, 84 FR 54622 (October 10, 2019).
23

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Privacy Risk: There is a privacy risk that USCIS will use collected information for
unauthorized purposes.
Mitigation: USCIS will only use the collected information to determine which prospective
petitioners are eligible to file an H-1B cap-subject petition on behalf of the beneficiary named in
the registration submission. USCIS will notify registrants or representatives, as applicable, if a
registration they submitted has been selected in a selection notice. The selection notice will contain
the selected beneficiary’s BCN and a unique machine-readable zone 25 that USCIS will use to
verify the submitted Form I-129 petition corresponds with the intended beneficiary. USCIS will
require the petitioner to submit the selection notice to facilitate the proper and timely determination
of eligibility to file an H-1B cap-subject petition. The submission of the selection notice is an antifraud measure to ensure the integrity of the H-1B cap number allocation process. USCIS will store
the selection notice in the USCIS Content Management Services (CMS). 26 The selection notice
will be available for view any time the registrant or representative logs in to view his or her
myUSCIS account.
Notice
DHS published a notice in the Federal Register on January 9, 2020, to announce the initial
implementation of the H-1B registration process requirement in advance of the FY21 cap season. 27
Prior to implementation of the H-1B registration process and tool, USCIS conducted public
outreach to ensure prospective petitioners and representatives understand how to access and use
the system. Through these notices, USCIS provides transparency about the amended H-1B
regulations by informing petitioners about how USCIS will use the data.
Individuals received and continue to receive notice of the amended H-1B regulations, the
implementation of the H-1B Registration Tool, and the Random Selection Process through
published Federal Register notices, this PIA Update, associated SORNs, and other outreach
materials published on the USCIS website or other public websites. Additionally, the H-1B
Registration Tool contains a Privacy Notice that provides notice to individuals about the collection,
USCIS’s authority to collect information, the purposes of data collection, routine uses of the
information, and the consequences, if any, for declining to provide USCIS with the requested
information.
USCIS will inform registrants and representatives that USCIS will not use the information
for any purpose other than to administer the H-1B cap selection process and determine eligibility
A machine-readable zone is a specific section on a document with structured data in a format that can be easily
processed by a computer, such as a barcode or formatted in a standard computer language (not English text) that can
be read automatically by a web browser or computer system.
26
See DHS/USCIS/PIA-079 Content Management Services, available at www.dhs.gov/privacy.
27
Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens, 85 FR
1176 (January 9, 2020), https://www.federalregister.gov/documents/2020/01/09/2020-00182/registrationrequirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-cap-subject
25

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for filing H-1B cap-subject petitions. Furthermore, registrants and representatives will be informed
through the online Privacy Notice and instructions that they are not required to provide information
and providing PII is voluntary. However, failure to provide the requested information may delay
or prevent the completion of the H-1B registration submission, which may preclude the registrant
or representative from participating in the H-1B cap selection process and being eligible to file an
H-1B cap-subject petition (unless the registration requirement is suspended). The registrant or
representative may either consent to the stated uses of their information or choose not to participate
in the H-1B Registration process.
Privacy Risk: Registrants and representatives may submit beneficiary information for the
H-1B cap Random Selection Process without the data subject’s knowledge or consent.
Mitigation: This risk is partially mitigated. Registrants and representatives who choose to
participate in the registration process submit a registration for each prospective H-1B beneficiary
for whom they seek to file an H-1B cap petition. This process will allow registrants and
representatives to register on behalf of the prospective beneficiary for consideration of available
H-1B cap numbers. USCIS will not collect information directly from the beneficiary, but will rely
on the registrant or representative to provide all required information. To ensure that information
is accurate, the registrant or representative will likely need to confirm PII with the beneficiary prior
to submission. Furthermore, as the prospective petitioners will be required to file Form I-129,
Petition for a Nonimmigrant Worker, as a second step in obtaining authorization to employ
selected beneficiaries it is unlikely that registrants or representatives will submit registrations for
individuals uninterested in employment. To minimize this risk, USCIS will provide notice to the
public through the USCIS website, the applicable Final Rules, SORN, and this PIA update. These
notices are aimed to inform the public of the new H-1B Cap Registration process.
Data Retention by the project
USCIS will be retaining the full information collected from the online registration. The
USCIS Records Officer is working to establish a record retention schedule for the H-1B Cap
Registration selection process records. USCIS plans to establish a retention schedule that requires
USCIS to retain the data for the least amount of time as possible necessary for USCIS to perform
the Random Selection Process for the H-1B Cap registration. In accordance with federal records
laws, USCIS will not destroy records until NARA approves a retention schedule for the records.
Privacy Risk: There is privacy risk that H-1B registration information will be retained
longer than required because there is no retention schedule in place for the information.
Mitigation: This risk is not mitigated. USCIS is planning to develop a records retention
schedule for the H-1B registration information and will ensure the records retention schedule is
approved by NARA prior to the destruction of any records. Until USCIS completes a NARAapproved retention schedule, USCIS will maintain all non-scheduled records indefinitely. All data

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will be protected from unauthorized disclosure and access by using appropriate technical, physical,
and administrative controls.
Information Sharing
USCIS does not routinely share case specific H-1B Cap Registration information collected
and used by the H-1B Registration Tool with external entities. The registration system will only
maintain information on whether the prospective petitioner was eligible to file an H-1B cap-subject
petition. However, USCIS may share H-1B registration information outside of USCIS for law
enforcement, investigation, and litigation purposes or for corrective action.
The H-1B Registration Tool, via myUSCIS, connects to the U.S. Department of Treasury’s
Pay.Gov 28 service to enable users to pay the required registration fee. The myUSCIS account
holder is redirected to the Pay.Gov interface, and Pay.Gov collects payment information (e.g.,
credit card, debit card, or Automated Clearing House (ACH debit)) from a personal bank account
and billing information. Once Pay.Gov validates the payment information, the account holder is
routed back to the H-1B Registration Tool and the H-1B Registration Tool confirms to the
registrant or representative that he or she successfully submitted the request. Pay.gov returns a
success or fail message and associated transaction number. No registration or payment information
is shared between the systems. This follows the current process in place for individuals submitting
and paying for immigration benefit requests via myUSCIS Account Experience.
Privacy Risk: There is a risk of misuse, unauthorized access to, or disclosure of, H-1B
information.
Mitigation: This risk is mitigated. USCIS does not routinely share any specific H-1B
registration information with external entities. Registrations suspected of misuse, abuse, or fraud
will be sent to the Fraud Detection and National Security Directorate (FDNS) for administrative
purposes. 29 Information may be shared outside of USCIS for law enforcement, investigation, and
litigation purposes or for corrective action. USCIS provides notice to registrants and
representatives through an attestation and Privacy Notice, that information may be shared outside
of USCIS for registrations suspected of misuse, abuse, or fraud. Any disclosure outside of DHS
must be compatible with the purpose for which the information was originally collected, and the
routine uses outlined in the Benefits Information System SORN. 30 Only authorized external
personnel with a need-to-know may have access to the registration information.

See U.S. Department of Treasury Financial Management Services Pay.Gov Privacy Impact Assessment 2.0 (July
1, 2011), available at, http://fms.treas.gov/pia/paygov_pia%20.pdf.
29
See DHS/USCIS/PIA-013 Fraud Detection and National Security Directorate, available at www.dhs.gov/privacy.
30
DHS/USCIS-007 Benefits Information System, 84 FR 54622 (October 10, 2019).
28

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Redress
This update does not impact how access, redress, and correction may be sought through
USCIS. USCIS continues to provide individuals with access to their information through a Privacy
Act or Freedom of Information Act request. Individuals not covered by the Privacy Act or the
Judicial Redress Act (JRA) still may obtain access to records consistent with FOIA unless
disclosure is prohibited by law or if the agency reasonably foresees that disclosure would harm an
interest protected by an exemption. U.S. Citizens and Lawful Permanent Residents (LPR) may
also file a Privacy Act request to access their information. If an individual would like to file a
Privacy Act or FOIA request to view his or her USCIS, record the request can be mailed to the
following address:
National Records Center
Freedom of Information Act/Privacy Act Program
P. O. Box 648010
Lee’s Summit, MO 64064-8010
Persons not covered by the Privacy Act or JRA are not able to amend their records through FOIA.
Should a non-U.S. person find inaccurate information in his or her record received through FOIA,
he or she may visit a local USCIS Field Office to identify and amend inaccurate records with
evidence. There are no additional risks to redress.
Auditing and Accountability
USCIS ensures that practices stated in this PIA Update comply with federal, DHS, and
USCIS policies and procedures, including standard operating procedures, orientation and training,
rules of behavior, and auditing and accountability procedures. myUSCIS (where the H-1B
Registration Tool resides) and CLAIMS 3 (where BHUB resides) are maintained in the Amazon
Web Service (AWS) cloud platform, which is a public cloud designed to meet a wide range of
security and privacy requirements (e.g., administrative, operational and technical controls) that are
used by USCIS to protect data in accordance with federal security guidelines. 31 AWS is Federal
Risk and Authorization Management Program (FedRAMP)-approved and authorized to host PII.
FedRAMP 32 is a U.S. Government-wide program that delivers a standard approach to the security
assessment, authorization, and continuous monitoring for cloud services.
USCIS employs technical and security controls to preserve the confidentiality, integrity,
and availability of the data, which are validated during the security authorization process. These
31
Public clouds are owned and operated by third-party service providers whereas private clouds are those that are
built exclusively for an individual enterprise.
32
The Federal Risk and Authorization Management Program (FedRAMP) is a government-wide program that
provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud
products and services. FedRAMP created and manages a core set of processes to ensure effective, repeatable cloud
security for the government. For more information on the FedRAMP program, see https://www.fedramp.gov/.

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technical and security controls limit access to USCIS users and mitigates privacy risks associated
with unauthorized access and disclosure to non-USCIS users. Further, DHS security specifications
also require auditing capabilities that log the activity of each user to reduce the possibility of
misuse and inappropriate dissemination of information. All user actions are tracked via audit logs
to identify information by user identification, network terminal identification, date, time, and data
accessed. All USCIS systems employ auditing measures and technical safeguards to prevent the
misuse of data.

Responsible Official
Donald K. Hawkins
Privacy Officer
U.S. Citizenship and Immigration Services
Department of Homeland Security

Approval Signature
Original signed copy on file with the DHS Privacy Office.

________________________________
Jonathan R. Cantor
Acting Chief Privacy Officer
Department of Homeland Security