In November 2018, the Department of Homeland Security (“DHS”) released an advanced copy of the H-1B Cap pre-registration regulation. SPS Immigration discussed it here.
This proposed H-1B cap Registration regulation is now at the Office of Management and Budget (“OMB”) undergoing final regulatory review. If this regulation clears OMB, and contains the same contents as the proposed rule, it will have the following impact on the H-1B Cap program:
- Would require H-1B petitioners to register online for the H-1B Cap lottery; and,
- Would switch the order of the regular and advanced degree lotteries.
Until this final rule is published in the Federal Register, we cannot know the exact requirements DHS will impose on employers in order to register for the H-1B Cap lottery. It is also important to understand that under the proposed rule, DHS could defer implementation of the online registration system to another year and simply implement switching the order in which it runs the lotteries.
Until the final rule is published in the Federal Register, after OMB review, it remains unclear whether DHS intends to implement the cap registration in time for the FY 2020 H-1B cap filing season, which opens April 1, 2019. Please contact SPS Immigration if you have any questions on this proposed regulation or its impact on your H-1B Cap process.