Final H1-B Cap Filing & Processing Rule Published

February 7, 2019

The US Department of Homeland Security issued a final rule titled "Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens" which becomes effective April 1, 2019 which is the first day of the 2020 cap-filing season. Part of the rule which related to a pre-registration requirement for employers has been suspended for the  2020 filing season, but is intended to be enacted for the 2021 season. The primary change for the 2020 cap-season, effective April 1, 2019,  impacts how DHS will count petitions towards the cap.  USCIS indicated that the change will "likely increase the number of beneficiaries with a master's or higher degree from a U.S. institution of higher education to be selected for further processing under the H-1B allocations." The changes now and in the future will not impacct F-1 H1-B Cap Gap options.

See NAFSA's Final H-1B Cap Filing and Processing Rule page for more details.