New York Lawyer's Legal Updates

New Proposed H1B Regulations

Author: New York Immigration Attorney Alena Shautsova

H1B Regulations

President Trump ordered Immigration authorities to make changes to the employment Immigration law, and the changes are coming. The administration posted a copy of the proposed H1B rules that would change the landscape of the H1B immigration.

Specifically, the new rules would require all employers to register with USCIS electronically in advance. Such a requirement would enable USCIS to check the employer prior to the start of any immigration process, and to assess the overall potential amount of the H1B applications, controlling the number of potential petitions by closing or opening the registration period. The electronic registration process would start before April 1, in advance of the period during which H-1B petitions can be filed for a new fiscal year. A registrant, therefore, could wait until they have been notified of selection before submitting the LCA to DOL for approval and preparing the corresponding H-1B petition on behalf of the beneficiary named in the selected registration. The registration process would be mandatory, and an H-1B cap-subject petition would not be considered properly filed unless it is based on a valid registration selection for that fiscal year. H-1B cap-subject petitions that are not properly filed would be rejected. DHS proposes to establish a registration period that would begin at least fourteen calendar days before the first day of filing in each fiscal year. The registration period would last for a minimum period of fourteen calendar days.

 

If USCIS finds that petitioners are registering numerous beneficiaries but are not filing petitions for selected beneficiaries at a rate indicative of a pattern and practice of abuse of the registration system, USCIS would investigate those practices and could hold petitioners accountable for not complying with the attestations, consistent with its existing authority to prevent and deter fraud and abuse. Each prospective applicant has to be registered separately.

The proposed rules also make it clear that it will be harder to get an H1B for those without Master’s degrees. Applicants with higher qualifications (Masters Degree and higher) will be given preferences in the process.

06 December 2018
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