Skip to main content

H-1B Cap Registration Rule Clears Federal Review

By January 28, 2019March 19th, 2021H-1B and E-3 Visa, Immigration
Courtesy of Pixabay, labeled for reuse:

On January 14, 2019, USCIS sent the final version of the new H-1B cap registration rule to the Office of Management and Budget. Today, the rule has been cleared OMB review, the final step before the rule’s publication and implementation.

For information about the current H-1B cap procedure, please click here. To learn more about the H-1B visa and your eligibility, please click here. The contents of the final rule will remain confidential until the release of the publication to the Federal Register.  Although the changes are not yet public, it is anticipated that the new rules will include the following:

  • Employers have to register for the lottery first. In order to register, employers will file a short online form that provides basic information about the company, the job offer, and the prospective foreign employee. A separate form will have to be filed for each individual foreign employee. The registration period will likely occur before the usual April 1 opening day of cap filing.
  • USCIS will seek to change the order of the cap lotteries so that advance-degree lottery will run before the regular cap lottery. The purpose is to maximize the number of advanced degree graduates selected for the H-1B cap total cap of 85,000. USCIS has also discussed revising the way cap numbers are allocated, so that advanced degrees and high salaries receive priority.
  • Full H-1B petitions and supporting evidence would only be filed for registrations that were selected in the lottery. If the case is selected, employers will be required to submit their cap petitions within a specific timeframe. If not selected, the application should not be submitted at all.
  • USCIS may also create a waiting list so additional cases could be filed if the quota is not reached due to rejections, withdrawals, or failure to submit in time.

USCIS has suggested that the online registration component may be postponed until next year, however the reordering of the lotteries is expected to be implemented for FY 2020, which begins April 1, 2019. Regardless of the date of implementation, employers must be prepared to submit a full H-1B cap petition and supporting evidence for each beneficiary as usual.

FREE H-1B / E-3 Visa Resources

Click on the buttons below in order to claim your free H-1B / E-3 Visa Guide, sign up for our free H-1B / E-3 Visa Webinar, or watch our H-1B / E-3 Visa videos.

Download Our H-1B / E-3 Visa Guide
Sign Up For Our H-1B / E-3 Visa Webinar
Watch Our H-1B / E-3 Visa Videos

Set up an H-1B / E-3 Visa Consultation

For a dedicated one-on-one H-1B / E-3 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.


Leave a Reply

We are happy to offer our H-1B / E-3 visa guide that describes the H-1B / E-3 visa requirements, and other advise to assist with your visa application.
For more info visit our H-1B / E-3 visa service page or schedule a consultation so we can handle your H-1B / E-3 visa process.