DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program

WASHINGTON The Division of Homeland Safety (DHS) posted right now for public inspection, an ultimate rule amending laws governing H-1B cap-topic petitions, which includes those that may possibly be eligible for the advanced degree exemption. The last rule reverses the purchase by which U.S. Citizenship and Immigration Companies (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners looking for to file H-1B cap-subject petitions. The rule will be published in the Federal Register on Jan. 31, and will go into effect on April 1, even though the electronic registration requirement will be suspended for the fiscal 12 months (FY) 2020 cap season.

These easy and sensible modifications are a beneficial benefit for employers, the foreign staff they look for to utilize, and the company's adjudicators, assisting the H-1B visa system get the job done much better, explained USCIS Director L. Francis Cissna. The new registration system, after implemented, will reduce all round fees for employers and raise government efficiency. We are also furthering President Trump's aim of enhancing our immigration system by creating a straightforward adjustment to the H-1B cap variety procedure. As an end result, U.S. employers trying to find to utilize foreign employees with an U.S. master's or increased degree will have a greater likelihood of choice in the H-1B lottery in many years of extra demand for new H-1B visas.

Effective April 1, USCIS will first decide on H-1B petitions (or registrations, when the registration necessity is implemented) submitted on behalf of all beneficiaries, which include people that might be eligible for the sophisticated degree exemption. USCIS will then decide on from the remaining eligible petitions, a number projected to reach the innovative degree exemption. Shifting the buy in which USCIS counts these allocations will most likely boost the quantity of petitions for beneficiaries with a master's or increased degree from an U.S. institution of larger education to be chosen below the H-1B numerical allocations. Particularly, the change will end result in an estimated increase of up to sixteen% (or five,340 staff) in the variety of chosen petitions for H-1B beneficiaries with a master's degree or greater from an U.S. institution of higher schooling.

USCIS will get started accepting H-1B cap petitions for FY 2020 on April one, 2019. The reverse choice purchase will apply to petitions filed for the FY 2020 H-1B cap season. Petitioners might file an H-1B petition no much more than 6 months prior to the employment start out date requested for the beneficiary. USCIS will provide H-1B cap filing instruction on uscis.gov in advance of the filing season.

Importantly, following considering public suggestions, USCIS will be suspending the electronic registration necessity for the FY 2020 cap season to comprehensive consumer testing and ensure the program and process are completely functional. After implemented, the electronic registration necessity will need petitioners looking for to file H-1B cap petitions, which include these that could be eligible for the superior degree exemption, to initially electronically register with USCIS for the duration of a designated registration time period. Only individuals whose registrations are picked will be eligible to file an H-1B cap-subject petition. USCIS expects that the electronic registration necessity, once implemented, will lower all round expenses for petitioners and produce a more effective and cost-productive H-1B cap petition method for USCIS and petitioners.

Additionally, USCIS will publish a notice in the Federal Register to announce the original implementation of the H-1B registration process in advance of the cap season in which it will implement the necessity. Prior to implementation, USCIS will conduct outreach to make sure petitioners recognize how to entry and use the process. Once implemented, USCIS will announce the designated electronic registration period at least 30 days in advance for each and every fiscal year it is needed.
On April 18, 2017, President Trump issued the Get American and Hire American Executive Purchase, instructing DHS to propose new rules and concern new guidance, to supersede or revise earlier rules and guidance if appropriate, to guard the interests of U.S. employees in the administration of our immigration method. The executive order particularly talked about the H-1B plan and directed DHS and other companies to recommend reforms to assist make certain that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.

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