USCIS Imposes H-1B Pre-Registration Process for Cap Lottery; Prioritizes Advanced Degree Holders

Original Date Announced
January 31, 2019
USCIS issues H-1B visa changes that 1) require employers to pre-register for H-1B cap filing, and 2) maximize the number of U.S. advanced-degree holders selected. Though the H-1B cap remains at 85,000, USCIS changes the order of the cap selection lotteries. The agency will conduct the regular cap lottery first. Any advanced-degree filing not selected in the regular lottery will then be placed into a second lottery, with the goal of maximizing the number of advanced-degree graduates selected against the overall H-1B quota. [ID #542]
Federal Register: Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens
Effective Date
April 1, 2019
Subsequent Trump and Court Action(s)
- December 6, 2019
  USCIS Plan to Implement H-1B Registration Process
  
  USCIS publishes final rule amending this regulation. See 84 Fed. Reg. 888 (Jan. 31, 2019) On December 6, 2019, USCIS announced its plan to implement the registration process in the next H-1B lottery. To file H-1B petitions for the fiscal year 2021 cap, employers must register and pay a $10 fee.
  View Document

Fully in Effect

Status: Final/Actual

Trump Administration Action: Rule

Subject Matter: Non-Immigrant Visas: Employment-Based

Agencies Affected: USCIS

Associated or Derivative Policies

Filing under the FY 2021 H-1B Cap; How will H-1B Registration Work?
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