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
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
Media mentions
Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.
Media mentions
Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.
Work authorization
UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.
Video
Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.
Media mentions
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
Media mentions
Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.
Media mentions
Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.
Work authorization
UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.
Video
Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.
Media mentions