The USCIS has publishedtwo proposed rules that will change H-1B cap processes.  While the USCIS hopes that these two rulesare finalized in time for the April 2019 H-1B cap, the USCIS has not yetcommitted to a timeline.  The public maycomment on the two proposed rules until January 2, 2019.

The two rules are:

1. Electronic pre-registration for the H-1Bcap.  This is a proposed rule that has beenconsidered by USCIS since 2011.  Underthe proposal, all H-1B lottery petitions will need to be electronically pre-registeredduring the H-1B pre-registration period from April 1-7.  After the pre-registration period hasconcluded, USCIS will run the H-1B lottery. All H-1B lottery winners will then have 60 days to submit the actualH-1B petition.  If implemented properly,this should save petitioners and the industry significant expense.

2. H-1B Masters Cap Allocation Preference.  USCIS will technically re-engineer the waythat it conducts the H-1B lottery.  Theresult of the re-engineering should mean that a slightly greater number of H-1B petitionswill be approved for US Masters Degree H-1B Beneficiaries than under thecurrent H-1B lottery.  We previously explained this process on an earlier blog.