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IMPACT – HIGH
The proposed U.S. Citizenship and Immigration Services (USCIS) regulation that will revamp the selection process for H-1B cap petitions has cleared the Office of Management and Budget, the last stage before the rule becomes final.
BAL Analysis: USCIS has pursued an aggressive timeline to finalize the rule before the upcoming cap season. Nevertheless, while it is likely that the agency will be able to implement the provision that would reverse the order of the lottery, it remains unclear whether the agency will apply the online pre-registration requirement to the cap filing season that opens on April 1. Public statements by agency officials suggest that USCIS may delay implementation of the registration system beyond this year’s cap season. Companies should continue to prepare for the upcoming H-1B cap season as they normally would. BAL is closely following the rule and will report details when the final regulation is published.
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