On January 30, 2019, USCIS announced a final rule to take effect on April 1, 2019. The final rule will affect future H-1B cap subject (lottery) filings in two ways. One part of the rule, which will implement an electronic registration system, will be suspended and will not be implemented for H-1B petitions to be filed in the first week of April 2019, but rather will be delayed until next year.
The other part of the rule, giving higher prioritization to US advanced degree holders, will take effect for FY2020 filings in April 2019. USCIS will reverse the order of its selection of H-1B petitions by first holding a lottery for H-1B petitions filed under the regular H-1B cap of 65,000, and then a second lottery for the 20,000 US advanced degree holders.
This reversal is expected to increase the possibility of selection of US advanced degree petitions by up to 16%, but will not otherwise affect the preparation and submission of H-1B petitions.
For future FY H-1B petition filings (for April 2020 or later), USCIS must first complete user testing and ensure system functionality, and will provide at least 30 days advance notice of an electronic registration period.
