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ARTICLE · 07 FEBRUARY 2019

Final Rule For H-1B Cap Published – Effective April 1, 2019

Proskauer Rose LLP
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On January 30, 2019, the United States Department of Homeland Security (DHS) announced a final rule to amend the H-1B lottery process.

United StatesImmigration

On January 30, 2019, the United States Department of Homeland Security (DHS) announced a final rule to amend the H-1B lottery process. The rule creates an electronic registration process for the H-1B Cap lottery and changes the sequence that cases are selected for the "regular" and "US Masters" caps. This rule was published in the Federal Register yesterday – January 31, 2019. Although the rule is effective on April 1, 2019, the process of entering H-1B petitions into the lottery for FY 2020 (filing April 1, 2019 to April 5, 2019 for a start date of October 1, 2019) remains the same. What will change in this year's lottery is how the U.S. Citizenship and Immigration Service (USCIS) will select H-1B petitions.

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