The US Department of Homeland Security (DHS) has introduced a final rule that amends regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption.
The final rule reverses the order by which the US Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions.
The rule will into effect on 1st April, though the electronic registration requirement will be suspended for the fiscal year (FY) 2020 cap season.
“These simple and smart changes are a positive benefit for employers, the foreign workers they seek to employ, and the agency’s adjudicators, helping the H-1B visa program work better,” said USCIS Director L. Francis Cissna. “The new registration system, once implemented, will lower overall costs for employers and increase government efficiency. We are also furthering President Trump’s goal of improving our immigration system by making a simple adjustment to the H-1B cap selection process. As a result, US employers seeking to employ foreign workers with a US Master’s or higher degree will have a greater chance of selection in the H-1B lottery in years of excess demand for new H-1B visas.”
Effective 1st April, USCIS will first select H-1B petitions submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption. USCIS will then select from the remaining eligible petitions, a number projected to reach the advanced degree exemption. Changing the order in which USCIS counts these allocations will likely increase the number of petitions for beneficiaries with a master’s or higher degree from a US institution of higher education to be selected under the H-1B numerical allocations. It is expected the change will result in an estimated increase of up to 16 per cent (or 5,340 workers) in the number of selected petitions for H-1B beneficiaries with a master’s degree or higher from a US institution of higher education.
Importantly, after considering public feedback, USCIS will be suspending the electronic registration requirement for the Fiscal Year 2020 cap season to complete user testing and ensure the system and process are fully functional. Once implemented, the electronic registration requirement will require petitioners seeking to file H-1B cap petitions, including those that may be eligible for the advanced degree exemption, to first electronically register with USCIS during a designated registration period. Only those whose registrations are selected will be eligible to file an H-1B cap-subject petition.
Article published 4th February 2019