The Department of Homeland Security (DHS) has posted a final rule amending regulations governing H1B cap petitions. The rule will go into effect on April 1, 2019.
The new rule introduces an electronic registration requirement for H1B cap petitioners (H1B pre-registration) that will require petitioners seeking to file H1B cap petitions to first electronically register with USCIS during a designated registration period. Only those registrations that are selected will be eligible to file the H1B cap petition.
It is important to note that the H1B pre-registration requirement is suspended for the FY 2020 H1B cap filing season, and USCIS will begin accepting H1B cap 2020 petitions on April 1, 2019.
The final rule also reverses the order by which USCIS selects H1B petitions under the regular cap and Master’s cap exemption. Starting April 1, USCIS will first select petitions against the H1B regular cap from among all the H1B cap petitions submitted, including Master’s cap exemption petitions. USCIS will then select from the remaining eligible petitions, a number projected to reach the H1B Master’s cap exemption. The reverse selection order will apply to petitions filed for the FY 2020 H1B cap season.
If you have any questions regarding the H1B visa, or need help filing an H1B cap petition, contact VisaPro Law Firm today for a FREE H1B Cap 2020 Filing Plan Consultation. We’ll talk through your priorities and recommend strategies for H1B 2020 filings based on our attorneys’ near 100% success rates.
Markus Arendt, President, SUSS MicroTec, Inc
