New H-1B 2020 Rules

UT Evaluators

Because of the Buy American Hire American executive order signed by President Trump in April of 2017, the USCIS has put new rules into effect that may start this 2020 filing season. One such rule makes two big changes for the H-1B visa. It is important to note that these are not simply proposed changes, they are in the process of being implemented. So the question is not if these changes will be enacted, but when. For H1B Visa Process Visit UT Evaluators.

H-1B Rule Change

H-1B petitioners will no longer file petitions into the lottery for the 2021 filing season. Instead, they will register before the lottery window even begins. The USCIS will deal directly with these online registrations rather than sifting through hundreds of thousands of petitions and having to deal with sending all unselected petitions back to the petitioners.

Therefore, the process will go as such:

1. Employers will register their alien beneficiaries with the USCIS several weeks before the start of the lottery window on April 1st.

2. The USCIS will randomly choose beneficiaries through this registration system.

3. If a beneficiary is selected, only then will the employer file the petition packet with filing fees and supporting evidence.

Remember, this means that you do not file a petition in order to be entered into the lottery. Registrations will have replaced petitions to save the USCIS time and to save employers money.

Keep in mind that the USCIS is still in the process of testing and refining this online system. Because of this, pre-registrations will be suspended for the 2020 filing season andn they will be implemented the following year. To know more info on H1B Visa  check Isc2013

H-1B Rule Change 

As we mentioned earlier, the previous method of counting the caps was to conduct the master’s cap first, then to enter all unselected master’s petitions into the regular cap for a second shot. Now things are changing.

Those with master’s petitions will still get a second shot at being selected, but now through this new rule, the order of the caps will be reversed under this new rule.

Therefore, the regular cap will be conducted which will include all eligible petitions (or registrations, if the system is online in time). Then, all unselected master’s petitions will be entered into the master’s cap.

Because some master’s petitions will inevitably be selected in the regular cap before ever reaching the master’s cap, the master’s cap will then have a smaller pool of participants that it would if it were first, thereby increasing the chances of selection by up to 16% by some sources.

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