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

  1. Date Announced

    Jan. 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]

    View Policy Document
  2. Effective Date of Change

    April 1, 2019
  3. Subsequent Action

    December 6, 2019

    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.

    USCIS Plan to Implement H-1B Registration Process
Status: Final/Actual
Type of Action: Rule
Agencies Affected: USCIS

Commentary

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

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