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DHS Announces Final Rule for H-1B Visa Program

- Feb/2019

The Department of Homeland Security (DHS) published a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which 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 seeking to file H-1B cap-subject petitions.

The rule was published in the Federal Register on Jan 31, and goes into effect on April 1, though the electronic registration requirement will be suspended for the fiscal year (FY) 2020 cap season.

U.S. employers seeking to employ foreign workers with a U.S. master’s or higher degree will have a greater chance of selection in the H-1B lottery in years of excess demand for new H-1B visas.

Effective April 1, USCIS will select H-1B petitions (or registrations, once the registration requirement is implemented) submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption.

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