Immigration Lawyer Blog
The Department of Homeland Security (DHS) posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule will be published in the Federal Register on Jan. 31, and will go into effect on April 1, though the electronic registration requirement will be suspended for the fiscal year (FY) 2020 cap season.
What does this mean for you?
1. The rule will start in 2020 not this year.
2. The only change this year is the Reverse order of selection of cases. Effective April 1, USCIS will first select H-1B petitions (or registrations, once the registration requirement is implemented) submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption. USCIS will then select from the remaining eligible petitions, a number projected to reach the advanced degree exemption. Changing the order in which USCIS counts these allocations will likely increase the number of petitions for beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected under the H-1B numerical allocations.
3. In 2020 the online registration will start. They will give 14 days notice before the open the registration and after 2 weeks those selected will have 90 days to file the actual H1B cases.
4. Petitioners will be notified electronically
5.what information will be collected? Basic corp info from the petitioner. From the beneficiary: name, dob, country of birth, country of citizenship, passport number.
6. No Duplicate filings will be allowed.
7. It is an attestation basically so any fraudulent cases will be subject to prosecution and fines.
8. No speculative filings will be allowed. Those that submit an application and ultimately be selected will have to proceed and file an actual H1B case.
For more information about the final rule please click here.
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