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A Quick and Dirty Review of the New H1B Proposed Rules for Preregistration

The Department of Homeland Security released unpublished proposed rules for the much anticipated H1B lottery change. Here is a quick review of the issues that really matter to me and my clients at first glance:

  • There will be only 30 days to comment on these rules (so get ready!)
  • There will be a mandatory electronic registration process.
  • No cost at this time for the electronic registration
  • The registration filing time will be at least 14 days before the initial filing date
  • The registration will take 14 days to process
  • Petitioners will be given a unique registration number.
  • Petitioners will have 60 days to file the H1b petition itself including filing the LCA.
  • Petitioners will have to sign attestations that a bona fide job is available. In an effort to not ‘flood the system’, USCIS will be scrutinizing the applications. If they detect abuse, ALL of the preregistered selections will be INVALIDATED!
  • The lottery will be done with the regular cap first and then with the advanced degrees- it is hoped that more people with advanced degrees will ultimately be selected in this way.

This is just a quick review of the pertinent parts I felt were of utmost importance to me. On my second and third reading, I may revise my thoughts above. So, more discussion to come soon. Hope this gives you a jolt to wake you up on a Friday morning as it did for me!