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A regulation that would change the H-1B lottery system is expected to be proposed by U.S. Citizenship and Immigration Services any day now. The proposal has cleared review by the Office of Management and Budget, the first step in the regulatory process.
Background: USCIS has indicated several times that it intends to overhaul the H-1B lottery system, most recently in its semiannual regulatory agenda.
BAL Analysis: The proposed regulation is expected to be published in the Federal Register in the coming days and may take at least four months to become final. The publication of the proposed rule will initiate a public comment period and employers are encouraged to submit comments. Employers should anticipate that changes to the H-1B lottery are likely to affect the upcoming cap season and begin to plan now by identifying H-1B cap candidates and assessing eligibility.
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