Important Updates
Important Updates
December 1, 2025 | CanadaCanada: 2026 International Student Cap and Allocations Announced
December 2, 2025 | United StatesBloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power
December 2, 2025 | United KingdomLeading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?
December 2, 2025 | MalaysiaMalaysia: Mandatory Pass Validity Period Shortening and Exit Clearance Requirement Implemented
December 2, 2025 | 🌐Minimum Salary Changes Announced
December 1, 2025 | CanadaCanada: 2026 International Student Cap and Allocations Announced
December 2, 2025 | United StatesBloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power
December 2, 2025 | United KingdomLeading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?
December 2, 2025 | MalaysiaMalaysia: Mandatory Pass Validity Period Shortening and Exit Clearance Requirement Implemented
December 2, 2025 | 🌐Minimum Salary Changes Announced
December 1, 2025 | CanadaCanada: 2026 International Student Cap and Allocations Announced
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • 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
  • Insights

USCIS Proposes H-1B Cap Registration System

November 30, 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 is set to be published on December 3, the next step toward a potential change in the H-1B cap petition process. The proposal would also switch the order of the regular and master’s cap lotteries to maximize the number of U.S. advanced-degree holders selected.
  • USCIS will accept public feedback on the proposal for 30 days from publication. 
  • USCIS is aiming to have the new system finalized and in place for the FY 2020 cap filing season, but could defer the online registration requirement to a future year if it cannot be implemented in time.

The situation

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 and reverse the order of the regular and advanced-degree lotteries.  A proposed regulation is set to be published for public feedback on December 3.  Comments will be accepted for 30 days.

The agency has made an advance copy of the proposal available.

Online registration period

  • To register for the lottery, employers would file a short online form that solicits basic data about the company and the prospective foreign employee (including whether he or she holds a qualifying advanced degree). The form could also seek information about the offered position and other data requested by USCIS.  The proposed form is expected to be made available for public comment in the near future.
  • 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 multiple related employers could be accepted if each registration represents a different bona fide job offer. 
  • The registration period would occur at least 14 calendar days before the usual April 1 opening day of cap filing season and would last for at least 14 calendar days.  USCIS would give at least 30 calendar days’ notice of the registration period for a given fiscal year.​

Anti-fraud measures

  • In their registrations, employers would be required to attest that they intend to file a petition for the named beneficiary in the position for which the registration was filed, among other attestations. 
  • USCIS is expected to closely monitor data on registrations and filed petitions; employers could be subject to investigation for abuse of the registration system if USCIS discerns a pattern or practice of failing to submit petitions for registrations selected in the lottery.​

Cap selection lotteries and allocation of cap numbers

  • Though the H-1B cap will remain at 85,000, USCIS plans to change the order of the cap selection lotteries.  The agency would conduct the regular cap lottery first.  Any advanced-degree filing not selected in the regular lottery would be placed into a second lottery, with the goal of maximizing the number of advanced-degree graduates selected against the overall H-1B quota. Currently, the advanced-degree lottery is run first.
  • USCIS had previously suggested it might seek other ways to give priority to advanced-degree graduates and those with high offered salaries in accordance with the Buy American, Hire American executive order, but has not done so in the new proposal.​

Petition filing period and waiting list

  • Full H-1B petitions and supporting evidence would be filed only for registrations that were selected in the lottery.  Employers would not be permitted to substitute beneficiaries on winning registrations.
  • If their cases are selected, employers would be notified and required to submit their cap petitions within a specific period, expected to be at least 60 days.  USCIS could have multiple filing periods and stagger them so that not all petitions are submitted within the same timeframe.
  • USCIS would hold some unselected H-1B registrations in reserve so that additional cases could be filed if the quota is not reached due to petition rejections, denials or withdrawals, or if an employer does not file a petition for a winning registration.  ​USCIS could reopen registrations if more cases are needed to fulfill the annual quota.​

Impact of the proposal on FY 2020 cap filings

USCIS is working to implement the registration and lottery order proposals in time for the FY 2020 cap season, which is set to begin on April 1, 2019.  However, it is reserving the authority to defer registration to a future year if it cannot execute the online system in time for the upcoming season.

Once the proposed rule is published in the Federal Register, employers and other members of the public will have 30 days to submit comments.  USCIS must review and respond to those comments and obtain Office of Management and Budget approval of a final regulation before it can implement changes to the cap process. 

What employers should do now

Your organization should continue to work with your Fragomen team on H-1B cap preparation as usual. If the proposed system is implemented in time for the FY 2020 cap season, advance preparation will be necessary to assess each case’s eligibility before registrations are submitted.  But because it is not yet clear whether USCIS will impose online registration in time for the upcoming season, employers should plan for the possibility that they will need to submit a full H-1B cap petition and supporting evidence for each beneficiary as usual.

Fragomen is closely monitoring the H-1B cap registration proposal and will provide regular updates as it progresses through the regulatory process. If your organization would like to submit comments on the proposed regulation, please contact your designated Fragomen team or the firm’s Government Strategies and Compliance Group.

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

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.