Effective April 1, 2019, new rules amending the regulations governing petitions filed under the H-1B visa lottery come into effect. The amended regulations include two changes to the H-1B process. First, the amended regulations will require petitioners seeking to file H-1B cap petitions on behalf of foreign workers to electronically register before filing a petition. However, USCIS is suspending this requirement for the fiscal year 2020 H-1B cap filing seasons which begins April 1, 2019.
The second change implemented does apply to the petitions being filed for fiscal year 2020. This amendment changes the way in which H-1B cap numbers are allocated. In the past, if the cap for the H-1B and the advanced degree exemption was reached within the first 5 days in which the petitions may be filled, USCIS would first select the advanced degree exemption beneficiaries before selecting the H-1B cap beneficiaries. USCIS is reversing this process. Now, USCIS will first select the H-1B cap beneficiaries from all submissions, including those that would qualify for an advanced degree exemption, and then select the advanced degree exemption beneficiaries. USCIS expects this process to increase the number of H-1B beneficiaries with advanced degrees selected.
Employers seeking to obtain H-B visas for potential employees should be prepared for the potential effect this change might have on their hiring practices and on their H-1B petition process.
If you have questions about your immigration case here in Florida, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Groups. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any family or marital legal issues you may be experiencing.
