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News & Updates

DHS: New Rules for FY2020 Cap Selection Process

The Department of Homeland Security (DHS) posted today for public inspection, a final rule which will go into effect on April 1st, amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption

Key Takeaways of the new rule:
– Reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption. This change in the rule is projected to result in an estimated increase of up to 16% (or 5,340 workers) in the number of selected petitions for H-1B beneficiaries with a master’s degree or higher from a U.S. institution of higher education

– Introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions (paused for FY2020 cap season.) Only those whose registrations are selected will be eligible to file an H-1B cap-subject petition. Once implemented, USCIS will announce the designated electronic registration period at least 30 days in advance for each fiscal year it is required.

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