• Insights

H-1B Cap Registration Proposal Clears Federal Review

November 23, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • A proposal to require employers to register online prior to submission of an H-1B cap filing has cleared Office of Management and Budget (OMB) review, the next step toward a potential change in the H-1B cap petition process.
  • The proposed regulation is expected to be published for public feedback in the near future. 
  • USCIS is aiming to have the new system in place for the FY 2020 cap filing season, which begins April 1, 2019.  The regulation can be implemented only after USCIS has considered public feedback, finalized the regulation and received final OMB approval.

A closer look

U.S. Citizenship and Immigration Services (USCIS) has moved closer to implementing a plan to require employers to pre-register for the H-1B cap selection system. The Office of Management and Budget (OMB) has approved a proposed regulation for publication in the Federal Register and public comment, which is the next step toward altering H-1B cap procedures. Though details of the draft plan remain confidential, features could include:

  • Initial registration period:  To register for the lottery, employers would file a short online form that provides basic information about the company, the job offer and the prospective foreign employee.  Employers would file a separate registration for each foreign beneficiary.  As under current rules, an employer would be prohibited from submitting more than one registration per foreign national – though registrations submitted by different employers could be accepted if each registration represents a different bona fide job offer.  The pre-registration period would likely occur before the usual April 1 opening day of cap filing season.
  • Cap selection lotteries and allocation of cap numbers:  It is anticipated that USCIS will seek to change the order of the cap lotteries so that the advanced-degree lottery is run before the regular cap lottery, with the goal of maximizing the number of advanced-degree graduates selected for the H-1B cap of 85,000. USCIS has also discussed revising the way cap numbers are allocated, so that those with advanced degrees or high salaries receive priority; however, it is not clear whether the forthcoming proposal will include such provisions.
  • Petition filing period: Full H-1B petitions and supporting evidence would be filed only for registrations that were selected in the lottery.  If their cases are selected, employers would be required to submit their cap petitions within a specific timeframe, which could be brief.
  • Waiting list:  USCIS may create a waiting list so additional cases could be filed if the quota is not reached due to petition rejections or withdrawals, or if an employer does not file a petition for a winning registration.  ​

Impact of the proposal on FY 2020 cap filings

USCIS Director L. Francis Cissna has said repeatedly that his agency is working to implement cap registration in time for the FY 2020 cap season, which is set to begin on April 1, 2019.  OMB’s preliminary approval of the proposal means that there could be enough time to meet that goal.  Once the proposed rule is published in the Federal Register, employers and other members of the public will have an opportunity to submit comments.  USCIS must review and respond to those comments and obtain OMB approval of a final regulation before it can implement a cap registration system.

What employers should do now

Your  organization and its Fragomen team should continue to work on H-1B cap preparation as usual. If the proposed system is implemented in time for the FY 2020 cap season, advance preparation will still be necessary to assess each case’s H-1B eligibility, wage requirements and other criteria in order to complete the registration process.  Also, the registration period and the period of time between lottery selection and the deadline to file full petitions may be short. Preparing now can help ensure that your organization is ready to timely register and submit H-1B petitions under a new system.

Fragomen is closely monitoring the H-1B cap registration proposal and will provide regular updates as it progresses through the regulatory process.

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

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 26, 2026 | PolandDziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze
October 26, 2026 | United StatesUnited States: Rule Proposing PERM Changes Clears Federal Review
October 26, 2026 | VietnamVietnam: Implementation of the Apostille Convention
October 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 26, 2026 | PolandDziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze
October 26, 2026 | United StatesUnited States: Rule Proposing PERM Changes Clears Federal Review
October 26, 2026 | VietnamVietnam: Implementation of the Apostille Convention
October 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.