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DHS Proposes a Pre-Registration System for H-1B Cap Filings

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 its 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.

USCIS aims for the new system to go into effect for the FY2020 filing, 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. Williams Global Law is closely monitoring the development of the H-1B pre-registration proposal, and will provide regular updates.

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