NewsFlash! DHS Issuing Proposed Rule to Require Pre-Registration for H1B Lottery

On Monday, December 3, 2018, the U.S. Department of Homeland Security (DHS) is scheduled to publish a notice of proposed rulemaking in the Federal Register that, if enacted, would require employers filing cap-subject H1B petitions (i.e., petitions filed in the H1B lottery) to pre-register. The rule is also designed to improve the odds of H1B beneficiaries who qualify for the advanced-degree exemption (i.e. the master’s cap) being selected in the H1B lottery. Once it is published, stakeholders will have 30 days to submit comments on the proposed rule.

In order for the rule to go into effect, a final rule would need to be published after the DHS has reviewed the comments submitted by the public. It is possible the rule could be finalized in time to go into effect for the upcoming H1B lottery. However, technical issues and lawsuits that will likely be filed to block the rule could delay its implementation.

MurthyDotCom will post a more detailed analysis on this proposal in the near future. Subscribe to the free MurthyBulletin to have future updates delivered to your inbox.

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