Update: Final Rule on H-1B Cap Selection Process

By Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio

SUMMARY

On January 31, 2019 the U.S. Department of Homeland Security (DHS) will publish the final rule on the implementation of a new H-1B selection process beginning fiscal year (FY) 2020 cap season. The electronic registration requirement will be suspended for FY 2020 H-1B cap season.

EFFECTIVE DATE

On April 1, 2019, USCIS will begin the new selection process for annual FY 2020 H-1B Cap Petitions, including H-1B Master’s Cap for the advanced degree exemption. However, USCIS will suspend the electronic registration requirement for FY 2020 H-1B Cap season to ensure a fully functional system.

 

FY 2020 H-1B CAP SELECTION PROCESS

New Allocation of Annual H-1B Cap:

• USCIS will first count all petitions (regular cap and advanced degree) towards the annual cap. Then it will select petitions towards the advanced degree exemption.

The new H-1B allocation process would increase the possibility of selecting H-1B petitions with advanced degrees by 16%.

WHAT EMPLOYERS SHOULD DO

1. Begin identifying potential H-1B candidates
2. Begin preparing and collecting the required documentation for each petition

STAY UPDATED

Contact us for more information about preparing for the new selection process this H-1B cap season and/or to subscribe to our newsletter, please email us at info@chugh.com. We also encourage you to share this and other alerts with others who might benefit from its contents.