U.S. employers face significant changes to H-1B lottery process

February 19, 2019

The changes are significant, employers should take note:

  • An electronic registration requirement for U.S. employers wishing to file H-lB cap subject petition

DHS has suspended the electronic registration requirement for this year’s FY2020 H-lB cap. Therefore, U.S. employers who seek to file an H-lB cap-subject petition in this year’s upcoming FY2020 lottery can follow the current practice of submitting a complete H-lB petition to USCIS.

However, when the electronic registration requirement is put into effect, all U.S. employers will first be required to register electronically with USCIS during a designated registration period.

  • Reversal of the order by which the United States Citizenship and Immigration Services (USCIS) will select petitions under the H-1B cap and the U.S. advanced degree exemptions

After a sufficient number of petitions have been selected for the H-lB regular cap, USCIS will then select petitions for the 20,000 additional visa numbers allotted to applicants with a U.S. advanced degree. With this reversal of the selection order, applicants with a U.S. or non-U.S. bachelor’s degree or non-U.S. graduate degree will have a decreased chance of having their petitions selected in the lottery.

These changes may hamper hiring processes, particularly in industries that rely on current H-1B practices. If you have any questions on how these changes may affect you, you can contact our support team here.

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