- On January 31, 2019, USCIS will publish the final rule regarding electronic pre-registration for employers who wish to file H1B cap-subject petitions.
- This rule will be suspended for the upcoming FY 2020 year cap-subject cases.
- However, USCIS will implement a change in order of selecting the cases this upcoming year.
Today U.S. Citizenship and Immigration Services (USCIS) announced that they will publish the final rule on the H-1B visa lottery on January 31, 2019. This rule switches the order in which the lottery is run and will require employers to pre-register H1B cap-subject cases electronically. However, they will delay the electronic pre-registration requirement until next year.
Previously, USCIS used to run the advanced degree exemption cap lottery first and then add those who were not selected to the general cap lottery. This rule will reverse the order. Effective April 1, USCIS will first select H-1B petitions (or registrations, once the registration requirement is implemented) submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption, towards the general cap. Any remaining advanced degree exemption petitions will then be selected towards the advanced degree cap exemption until that cap is reached.
We will keep you updated on the pre-registration requirements but that will not be used this year.
As always, please don't hesitate to contact our office with any questions you may have with respect to these changes.
As of today, USCIS has resumed Premium Processing for FY 2019 H1B cap cases. This covers only the cases which were accepted in the lottery in April 2018 for FY 2019 H1B cap cases and are already pending with USCIS. The previously announced temporary suspension of premium processing remains in effect for all other categories of H-1B petitions to which it applied.