A new proposed rule released by the Department of Homeland Security (“DHS”) would change the filing process for H-1B visas by requiring “pre-registration” before submission of an H-1B petition and reshape the way in which H-1Bs are selected by the lottery.
DHS is proposing to amend its regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (“H-1B regular cap”) or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from the regular cap (“advanced degree exemption”). The proposed amendments would require petitioners seeking to file H-1B petitions subject to the regular cap, including those eligible for the advanced degree exemption, to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”) during a designated registration period.
The public is invited to submit comments on the proposed rule. Additional details and instructions for submitting comments can be found on the Federal Register web site here.