The USA has released a proposal where petitions need to be registered online before the annual H1B lottery. Employers in the USA may need to register their H1B petitions on the USCIS website.
The registration process would begin 14 days ahead of the first day of filing each financial year. Petitioning employers would need to provide the below details:
In case the employer is represented by a lawyer, they will also need to submit a completed Form G-28.
Employers will be allowed to list multiple H1B beneficiaries in a single registration. However, the employer would be able to submit just 1 registration for any employee in a financial year.
After the period of registration, certain entries would be selected by USCIS from the online list. They would then be invited to submit a full H1B petition. This would also include the filing fees. Employers would be given 60 days to file their H1B cases. The 60-day filing window may be case specific. In some cases, the window may be from 1st April to end of May. In other cases, it may be from early May to the end of June.
The new proposal would also change the way applications are selected in the annual lottery. Preference will now be given to people who have obtained a Masters degree or higher from the US.
Currently the cap for US F1 (Student) Visa holders is 20,000. The cap for H1B is 65,000. The 20,000 US degree holder places are selected before the selection of the regular H1B cap. However, the new proposal would reverse the selection process.
All applications filed, F1 or otherwise would be now counted towards the regular H1B cap. If any degree holder from the US does not get picked in the H1B lottery, then his application would be included in the 20,000. This will, hence, increase the chances of US degree holders by 16%, as per JDSupra.
Since time is short till the H1B lottery in 2019, the proposal will most likely be implemented post that.
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