USCIS Issues Final Rule Governing Cap-Subject H-1B Petitions

USCIS final rule adding a requirement that petitioners seeking to file cap-subject H-1B petitions, including those eligible for the advanced degree exemption, first electronically register with USCIS during a designated period. USCIS is suspending the registration requirement for the FY2020 cap season in order to complete testing of the new registration system. The rule also reverses the order by which USCIS selects H-1B registrations (or petitions, for FY2020 or any other year in which the registration requirement is suspended) by first selecting registrations submitted on behalf of all beneficiaries, including those eligible for the advanced degree exemption. USCIS will then select from the remaining registrations a sufficient number projected as needed to reach the advanced degree exemption. This change to the order of the selection process will be implemented for the FY2020 cap season. The rule is effective 4/1/19. (84 FR 888, 1/31/19)


8 CFR Part 214

[CIS No. 2326–19; DHS Docket No. USCIS–2008–0014]

RIN 1615–AB71

Registration Requirement for Petitioners Seeking To File H–1B Petitions on Behalf of Cap-Subject Aliens

AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security.

ACTION: Final rule.

[This functionality does not work on your device. Please use the download button to access the PDF. A separate PDF reading app may be necessary.]

Cite as AILA Doc. No. 19013035.

Open the Document