USCIS Proposes New H-1B Visa Rules

On Nov 30, USCIS announced a notice of proposed rulemaking that would make H1B Visa program more effective and efficient. Under the proposed rules,

1. USCIS would reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption. This will willincrease up to 16% (or 5,340 workers) in the number of selected H-1B beneficiaries with a master's degree or higher from a U.S. institution of higher education.

Currently, the advanced degree exemption is selected prior to the H-1B cap. The proposed rule would reverse the selection order and count all registrations or petitions towards the number projected as needed to reach the H-1B cap first. Once a sufficient number of registrations or petitions have been selected for the H-1B cap, USCIS would then select registrations or petitions towards the advanced degree exemption.

2. USCIS would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with USCIS. So the employers do not need to send in the H-1B petitions and supporting documentation before the cap selection process.

USCIS expects that shifting to electronic registration would reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS.

For more information, please read USCIS announcement or the original Notice of proposed rulemaking.

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