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The filing period for cap-subject H-1B petitions opened Monday, with the number of petitions once again expected to exceed the number of H-1B visas available within five business days. Regulatory changes that the Trump administration plans to propose for the H-1B program will not affect this year’s lottery. For those filing for the first time or in need of a refresher, here is how the process works:
Cap-subject H-1B filings dropped 15 percent to 199,000 last year but still easily exceeded the cap. Volume is expected to be high again this year.
The H-1B program has not been exempted from the Trump administration’s efforts to tighten the country’s visa programs. Last year, USCIS sharply increased the number of requests for evidence that it issued to companies whose H-1B petitions were accepted for processing. The agency published a policy memorandum in February, saying it will require additional information from employers who assign H-1B visa holders to third-party worksites. The agency also recently announced that it would suspend premium processing for all H-1B cap-subject petitions from now until Sept. 10. Employers should anticipate delays in H-1B cap receipts during this time.
BAL Analysis: The H-1B cap has been reached in the first week of filing in each of the past five years, and there is every indication that the same will happen this year. The Trump administration has not yet implemented proposed reforms that could change the way the lottery is conducted. BAL will report any significant H-1B developments, including regulatory proposals that could affect how petitions are adjudicated this summer.
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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