A new proposal by the United States Citizenship & Immigration Services (USCIS) would mean extreme changes to the H-1B’s lottery program. Although a proposed rule has not yet emerged, it is believed that H-1B employers would be required to pre-register electronically – for each beneficiary – for the H-1B cap lottery, prior to filing petitions for adjudication. Under the new proposal, employers would submit a full petition to USCIS only if the beneficiaries were selected in the H-1B cap lotteries. In previous years, employers were required to submit full petitions with supporting evidence for placement in the H-1B lottery program.
USCIS Director L. Francis Cissna anticipates having a new regulation finalized and implemented for the FY 2020 H-1B cap filing season, set to open in April 2019. A brief notice period would be given to the public.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
