In accordance with the Buy American and Hire American Executive Order, DHS announced on November 30, 2018 a proposal that would require petitioner’s seeking to file H-1B cap-subject petitions to first electronically register with USCIS during a designed registration period. USCIS would also reverse the order by which USCIS selects H-1B petitions, increasing the number of beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected for an H-1B cap first.
Currently, once the H-1B cap and advanced degree exemption petitions are met, the advanced degree exemption is selected prior to the H-1B cap. Once there are sufficient petitions selected for the H-1B cap, USCIS would select the petitions towards the advanced degree exemption. This would increase the chances that beneficiaries with a master’s or higher degree from a U.S institution of higher education would be selected under the H-1B cap, and that the H-1B visa would be awarded to the highest-paid and most-skilled beneficiaries. Further, the proposed process would increase the number of selected H-1B beneficiaries who hold a U.S. institution master’s degree or higher by 16 percent.
Due to the expected technical challenges to this proposed H-1B registration process and new electronic system, USCIS could temporarily suspend the registration process during any fiscal year. This suspension would allow USCIS to up-front delay the implementation of the H-1B registration process past the fiscal year 2020 cap season. Yet, USCIS expects that this electronic system would reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS. This would also help reduce wait times for cap selection notifications, as well as limit the filings of H-1B cap-subject petitions to the beneficiary named on the original selected registration, which would protect the integrity of this registration system.
We do not yet know the procedures for registration and how long USCIS will provide to submit complete petitions selected in the lottery. We will continue to monitor the situation and advise clients appropriately.