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Original Date Announced
January 31, 2019USCIS 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 AliensEffective Date
April 1, 2019Subsequent Trump and Court Action(s)
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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.
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Biden Administration Action: Modified
December 18, 20242024.12.18 DHS Final Rule Modernizing H-1B
This Biden administration policy modifies the Trump-era policy identified in this entry.
On December 18, 2024, DHS announced a final rule on Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers. The new rule announces that petitioners who qualify for a cap exemption for their employees do not have to register for the cap lottery or pay the registration fee.
View DocumentCurrent Status
Fully in EffectMost Recent Action
December 18, 2024 Action: Modified 2024.12.18 DHS Final Rule Modernizing H-1BDecember 18, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Commentary
Filing under the FY 2021 H-1B Cap; How will H-1B Registration Work?
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