Today, the Department of Homeland Security posted its final rule amending the H-1B cap regulations. The rule notes two main revisions to the current H-1B cap program: 1) a reversal in the order by which U.S. Citizenship and Immigration Services (USCIS) selects cap-subject petitions for review; and 2) a postponed electronic registration requirement for employers filing the petitions. The changes may be summarized as follows:
The reversal in order of the lotteries for the regular cap and Master’s cap is expected to result in an increase of up to 16 percent of Master’s Degree petitions being selected for review. The pre-registration — which was proposed for early 2019 and has been postponed until early 2020 — will decrease the number of petitions received by USCIS as well as the time required to prepare petitions that are not receipted in a cap lottery.
This announcement has very little impact on the preparation and filing process for Fiscal Year 2020 cap cases, which many employers are preparing now.
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