Home > Immigration Blog > post: USCIS Proposes New H-1B Visa Rules

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.

U.S. employers are always looking for skilled workers, make sure you polish your resume and update your career profiles regularly.