The United States Department of Homeland Security (DHS) has proposed new procedures for administering the H-1B lottery:
Electronic pre-registration system – DHS has proposed an electronic pre-registration system to determine which H-1B petitions will be selected prior to employers filing complete petitions. This system could save employers considerable resources by avoiding the need to file completed petitions without knowing whether it will ever be selected. However, due to timing restrictions, petitioners should still ensure petitions are approvable at the time of registration and should have all supporting documentation ready well in advance. While this process might save employers costs, there are concerns that a registration system will increase requests for H-1B petitions and thus decrease the odds of being selected.
Modifying the selection order of the random se has proposed a modification to the way it will conduct the lottery. Under the proposed rule, USCIS would first administer the “Regular Cap” and then run the “Master’s Cap.” DHS states this will increase the number of foreign nationals selected who have advanced degrees from U.S. schools. While DHS cites to the Buy American, Hire American Executive Order to support this change, there is concern whether this process would go against Congressional intent.
We will continue to monitor the potential change to the H-1B lottery. In the meantime, we suggest employers consider now which employees or candidates they will support for H-1B sponsorship this year.