The USCIS postedfor public inspection a final rule changing the regulationsgoverning H-1B cap-subject petitions. This new makes two key changes to the H-1B cap:
1. Master’s Cap Allocation. The new rule reverses the order bywhich USCIS selects H-1B petitions under the H-1B regular cap and the master’scap. USCIS will technicallyre-engineer the way that it conducts the H-1B lottery. The result ofthe re-engineering should mean that a slightly greater number of H-1B petitionswill be approved for US master’s degree H-1B beneficiaries than under thecurrent H-1B lottery system. We previously explained this processon anearlier blog. This change will be implemented on April 1,2019.
2. Pre-Registration Requirement. The rule introduces an electronicregistration requirement for petitioners seeking to file H-1B cap-subjectpetitions. Under the new rule, all H-1B lottery petitions will need tobe electronicallypre-registeredduring the H-1B pre-registration period from April 1-7. After thepre-registration period has concluded, USCIS will run the H-1Blottery. All H-1B lottery winners will then submit the actual H-1Bpetition. If implemented properly, this should save petitioners andthe industry significant expense.
After considering public feedback,USCIS decided to suspend the electronic pre-registration requirement untilthe April 2020 cap season in order to complete user testing and ensure thesystem and process are fully functional.
USCIS will begin accepting H-1B cap petitions onApril 1, 2019.