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H-1B Proposed Rules Will Update The H-1B Lottery Process

The new proposed H-1B rules are out – thank you Andrew Kreighbaum Bloomberg for keeping such a close eye on the release of this regulation.

I’m still reading and analyzing. There’s a lot to unpack. Two quick items, if you haven’t a chance to read them:

1. Cap-gap for F-1 folks will extend to April 1 (extending it from Oct 1).

2. The lottery will become beneficiary centric. Even if multiple applications are filed for a beneficiary, the beneficiary will be entered into the lottery once. Passports will be required as part of the identification.

There will be no exceptions to the passport requirement. So, if anyone outside the US intends to be part of the H-1B lottery next year, now will be the time to get a passport.

The proposed rule state that there will be an effort to finalize, at least the lottery portion, by FY2025 (meaning, the next lottery season in March 2024).

I am happy to see the rules for entrepreneurs which I will write about another time.