A proposal to require H-1B employers to pre-register electronically – for each beneficiary – for the H-1B cap lottery, prior to filing petitions for adjudication is now under review at the Office of Management and Budget (OMB). This is the first step towards a possible change in the H-1B cap petition process.
Currently, employers are required to submit full petitions with supporting evidence for placement in the H-1B lottery program. Under the new proposal, employers would submit a full petition to USCIS only if the beneficiaries were selected in the H-1B cap lotteries.
USCIS Director L. Francis Cissna issued a statement suggesting their goal is to implement the new system before the FY 2020 CAP opens. However, it is unclear how USCIS would be able to do so, as a process change typically takes several months to finalize. The proposal would still need to be published in the Federal Register and USCIS would need to allow the public opportunity to comment on the changes. Only upon review of the comments and approval of the final rule would USCIS be able to implement the regulation.
Amit Solanki, Immigration Executive
