Final H-1B Cap Registration Rule Clears Federal Review

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At a glance

• The long-awaited final H-1B cap registration rule has cleared Office of Management and Budget review and is expected to be published soon.
• As proposed, the rule would require employers to register online to file H-1B cap cases and would reverse the order of the regular and advanced-degree cap lotteries.  The final rule could postpone online registration to a future year.
• Employers should continue to prepare as usual for the coming H-1B filing season, which begins April 1.

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The situation

A regulation that would require employers to register online prior to submission of an H-1B cap filing and would switch the order of the regular and advance-degree cap lotteries has cleared Office of Management and Budget (OMB) review – the final step before the rule’s publication and implementation.

Though the contents of the final rule will remain confidential until released for publication, USCIS has suggested that the online registration component may be postponed until next year.  The reordering of the lotteries is expected to be implemented for the FY 2020 cap season, which begins April 1.

What this means

Your organization should continue to work with your Fragomen team to prepare for the upcoming H-1B cap season as usual. Advance preparation is necessary to assess each case’s eligibility before registrations are submitted, regardless of whether online registration is implemented this year. If online registration is deferred, employers must be prepared to submit a full H-1B cap petition and supporting evidence for each beneficiary as usual.

Fragomen is closely monitoring the status of the rule and will issue an update when an advance copy becomes available. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.