H-1B Cap Pre-Registration and Selection Process Clears Federal Review

DHS has published a final rule that would require employers to register online before submitting an H-1B cap filing and would switch the order in which the regular and advance-degree cap lotteries are held. The new regulation goes into effect on April 1, 2019, but the pre-registration portion of the rule is suspended until Fiscal Year 2021 and will not be implemented in the Fiscal Year 2020 H-1B filing period, which begins on April 1st. The registration process will continue to be tested for the following year to ensure the online registration system is efficient.

However, effective for the FY2020 H-1B filing period, the agency will change the way the lottery is run to meet its quota of 65,000 H-1B’s and 20,000 additional H-1Bs for beneficiaries who possess advanced degrees from a U.S. educational institution, in accordance with the Trump Administration executive order, Buy American, Hire American.

Employers should continue to submit a full H-1B cap petition as usual and provide supporting evidence for the beneficiaries, as well.

More information can be found here.

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