In an attempt to change the lottery system for H-1B applications, The U.S. Department of Homeland Security (DHS) proposed a rule that would require all H-1B petitioners to pre-register online for the H-1B lottery prior to submitting their H-1B filings. According to the proposed rule, only those H-1B petitions that have been selected in the lottery could then be submitted for the adjudication by USCIS. The rule is currently under review at the Office of Management and Budget (OBM), which is the first step toward implementing such changes.
Other proposed changes would benefit applicants with Master’s Degrees by adding them to the initial round of 65,000 Bachelor’s Degree applicant visa spots lottery. Then, if there are any Master’s Degree applications left over after the initial lottery round, the remaining Master’s Degree applications will be added to the lottery for the remaining 20,000 Master’s Degree cap.
USCIS aims for the new system to go into effect for FY2020, which is set to begin on April 1, 2019. However, it is not clear yet whether USCIS would be able to complete the regulatory approval process in time. Therefore, employers interested in hiring H-1B employees should continue working on H-1B cap filing as usual.
As H-1B applications take several months to prepare and involve the processing of a Labor Condition Application with the Department of Labor before an applicant is eligible to file an H-1B application with USCIS, it is best to start case preparation in January so that the case can be received at USCIS on April 1. Read here for the Top 5 Tips for preparing a Successful H-1B application.
The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology. This visa is valid for three years, with an optional three-year extension. It also provides the ability for the visa holder to apply for a Green Card.
Are you interested in applying for the H-1B visa? Schedule a call with us to determine whether you are eligible for this popular visa.
About The Grady Firm, P.C.
The Grady Firm, P.C. attorneys help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas (B-1/B2, H-1B, H-2B, L-1A, L-1B, O-1, TN, E-2, E-3), as well and Green Cards and citizenship based on family relationships, investment, or employment. In addition, The Grady Firm attorneys help foreign entrepreneurs establish a U.S. presence, form a corporate entity, and obtain the appropriate visas for their owners and employees.
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This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.