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ARTICLE · 10 DECEMBER 2018

USCIS Issues H-1B Cap Registration Proposal

In a proposed rule published in today's Federal Register, the USCIS is resurrecting and modifying a previous proposal from 2011 to implement an electronic pre-registration system for H-1B cap petitions.

United StatesImmigration

In a proposed rule published in today's Federal Register, the U.S. Citizenship and Immigration Services (USCIS) is resurrecting and modifying a previous proposal from 2011 to implement an electronic pre-registration system for H-1B cap petitions. H-1B visas are for high-skilled "specialty workers" in positions that require at least a Bachelor's degree in a specific related field. The proposed rule would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap in order to increase the number of beneficiaries with a Master's or higher degrees from a U.S. institution of higher education to be selected for an H-1B cap number.

Per existing law, new H-1B visas are subject to an annual cap of 65,000 visas (Regular cap) and an additional cap of 20,000 new H-1B visas are available for beneficiaries with advanced degrees from US colleges or universities (US Masters cap).

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