USCIS is moving quickly to change the selection process for new cap-subject H-1B petitions. The agency sent its proposal to the Office of Management and Budget, where it is under final review. After reviewing and considering public comments, USCIS will post the rule for publication. While proposed changes might go into effect this upcoming H-1B season, we will need to wait until the final rule to know for certain.
USCIS has proposed a change in procedure to allow electronic registration and a pre-selection process. The agency also seeks to change the random selection process to increase the number of H1B beneficiaries with advanced degrees from U.S. institutions. Speak with your H-1B visa lawyer to determine if these changes could affect your visa application or renewal.
Because the earliest date to file a cap-subject petition is April 1, little time remains to prepare for a new system. Although the changes are intended to make the process easier for petitioners in the long term, the rushed changes could mean a hectic and costly year for H-1B petitioners. We recommend employers finalize their decisions on which new H-1B candidates they plan to sponsor. We will continue to monitor the process of the proposed new rules to ensure a smooth transition.