Earlier this month, U.S. Citizenship and Immigration Services (USCIS) published a proposed regulation that would significantly reform the H-1B cap selection process. The proposed regulation may introduce two main changes:

(1) USCIS would introduce a mandatory online registration system for employers seeking to sponsor H-1B candidates under the annual cap and

(2) USCIS would reverse the order of the regular and advanced-degree lotteries to increase the likelihood that individuals holding U.S. advanced degrees would be selected.

Regardless of the USCIS proposal that would revise the process for selecting H-1B cap petitions, employers are encouraged to prepare for the upcoming FY 2020 H-1B cap (lottery) filing season as they have in the past. Whether or not a new filing system is in place by April 1, 2019, advance planning and preparation will be critical to ensure timely filings that meet all program requirements.

If a new filing system is in place for the upcoming season, filing windows are expected to be short and advance preparation will be critical.

Please contact Alpine Law Office to learn more.

Contribution by Nadia Zaida