H-1B Cap Season FY2020: Time To Prepare Petitions Now!


USCIS has published a final rule revising the H-1B cap procedures. The changes are as follows:

  • New Process for H-1B Lottery: The new procedure will comprise of a lottery in which 65,000 H-1B petitions will be chosen from the applications that have been submitted. This “first lottery” will take place for Bachelor degree holders or “Regular Cap” petitions. When that lottery is completed, the rest of the recipients, who have Master’s degrees from U.S. colleges, will be placed in the second lottery; and 20,000 Master's degree cases will be selected. This new process will take effect on April 1, 2019.

  • Electronic Pre-enrollment: USCIS has proposed that employers will have an opportunity to pre-register for each H-1B employee in an online lottery. USCIS will then conduct the lottery based on this pre-registration. If selected by USCIS, employers will be required to submit full and complete H-1B petitions for the selected employees during the filing period, which is supposed to last at least 90 days. It is proposed that this new change will take effect in April 2020.

We are monitoring these changes very closely. Please contact us to discuss how this might affect your H-1B employees and your business.

We are monitoring these changes very closely. Please contact us to discuss how this might affect your H-1B employees and your business.


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