The Department of Homeland Security (DHS) has issued a notice of proposed rulemaking, and published a proposed rule to amend its regulations governing the filing of H1B cap petitions.
Some of the important changes proposed to the H1B cap filing procedure under the proposed rule include:
- Registration With USCIS
All petitioners seeking to file an H1B cap petition would have to submit a registration with USCIS, and USCIS would select from among the registrations received, a sufficient number projected as needed to meet the H1B cap and advanced degree exemption numbers. There is no fee proposed for the registration at this time.DHS would establish a designated registration period for this purpose. At the end of the initial registration period, if USCIS determines that it has received more registrations than needed to reach the H1B cap, it would close the registration period for the H1B cap and would randomly select a sufficient number of registrations projected as needed to meet the cap.The proposed rule also limits the filing of H1B cap petitions to the beneficiary named on the original selected registration. H1B cap petitions could only be filed on behalf of a beneficiary whose registration was selected by USCIS.
- Change In Order of Selection
The order by which USCIS selects H1B petitions under the H1B cap and the advanced degree exemption would be reversed. USCIS would first select registrations submitted on behalf of all beneficiaries, including those eligible for the H1B Masters Cap exemption. USCIS would then select from the remaining registrations a sufficient number projected as needed to reach the advanced degree exemption.
The proposed rule is open for comment, and public comments on the proposed rule may be submitted on or before January 2, 2019.
If you have any questions about the H1B visa program, or need help filing an H1B cap petition, consult an experienced VisaPro immigration attorney today. Our experienced Immigration Attorneys will be happy to assist you.