USCIS Publishes Final Rule On H-1B Registration And Scheme For A More Effective H-1B Program

On January 31, 2019, the USCIS published its final rule amending H-1B regulations which operate to change two important aspects of filing cap-subject H-1B visa petitions, effective April 1, 2019. The first change implements an H-1B electronic registration system, which will be suspended for the fiscal year 2020 cap season, and the second amendment reverses the order by which the USCIS selects H-1B petitions under the H-1B regular cap and the U.S. advanced degree exemption.

The USCIS believes the new rules will present a positive benefit for employers, foreign workers and USCIS adjudicators, reduce the overall cost for employers and improve government efficiency as well as achieve President Trump's instructions under his April 18, 2017 Executive Order: "Buy American and Hire American" ("BAHA"). Under BAHA, President Trump ordered the USCIS to revise its rules and guidance to protect the interests of U.S. workers under the H-1B program and to ensure that H-1B visas are