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.
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.
Explore more at Fragomen
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Podcast
In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.
Podcast
UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.
Fragomen news
Media mentions
Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.
Media mentions
Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.
Video
In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Blog post
In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU.
Media mentions
Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.
Blog post
In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Podcast
In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.
Podcast
UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.
Fragomen news
Media mentions
Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.
Media mentions
Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.
Video
In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Blog post
In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU.
Media mentions
Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.
Blog post
In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.
