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

  1. 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
  2. Effective Date

    April 1, 2019
  3. 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
  4.  
  5. Biden Administration Action: Modified

    December 18, 2024

    2024.12.18 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 Document

Current Status

Fully in Effect

Most Recent Action

December 18, 2024 Action: Modified 2024.12.18 DHS Final Rule Modernizing H-1B
December 18, 2024
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Rule
Agencies Affected: USCIS

Commentary

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

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