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

Practice Areas

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


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.

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