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Employers are encouraged to continue preparing for H-1B cap season as they normally would, even though U.S. Citizenship and Immigration Services proposed a regulation earlier this month that would significantly change the H-1B cap lottery process.
The proposed regulation calls for USCIS to (1) make changes to the lottery process that would increase the odds that advanced-degree holders will be selected, and (2) introduce a new mandatory online registration system for employers who sponsor H-1B candidates. While USCIS is working to implement the regulation in time for the upcoming H-1B cap season, it is not yet clear whether the agency will meet this timeline. In the meantime, employers are encouraged to take the steps they normally would under the lottery procedures currently in place ahead of April 1, 2019, the first day of filing.
Here are some steps employers can take now:
BAL Analysis: Demand for H-1B visas is expected to be high again this year, and will likely easily eclipse the annual limits of 65,000 cap-subject visas for undergraduate-degree holders and an additional 20,000 for those holding advanced degrees from U.S. educational institutions. Employers and individuals can maximize their chances of filing within the first week of April by planning early. BAL will continue to follow the implementation of the proposed regulation and will alert clients if they need to do anything differently in their H-1B planning this year. An FAQ on the proposed changes to the lottery is available here. Members of the public may submit comments to the government regarding the proposed rule until midnight Wednesday, Jan. 2.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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