BREAKING: USCIS has released the H1-B preregistration final rule.

[tacobell fan]

01/30/2019: USCIS Announces that H-1B Pre-Registration Will Not be Implemented, but Reverse Cap Selection Will be Implemented this FY 2020 H-1B Cap Season

• As we predicted earlier, the pre-registration selection process will be delayed, but reverse cap selection process will be implemented beginning from April 1, 2019 to select the H-1B cap cases. Here is the announcement.

 

01/30/2019: Final Rule of H-1B Cap Pre-Registration Rule!

• This final rule will be published in the federal register tomorrow, 01/31/2019, with the effective date of 60 days from 01/31/2019. The final rule provides that the following changes made from the Proposed Rule:
  • Initial registration period. In the final rule, DHS is responding to a public comment by revising proposed 8 CFR 214.2(h)(8)(iii)(A)(3), a provision that identifies the initial registration period. In the NPRM, DHS proposed that USCISwould announce the start and end dates of the initial registration period on theUSCIS website, but did not specify when these periods would be announced. In response to a comment suggesting that DHS include a 30-day notice requirement prior to the commencement of the initial registration period, DHS is adding that USCIS will announce the start of the initial registration period at least 30 calendar days in advance of such date. In addition, DHS will publish a notice in the Federal Register to announce the initial implementation of the H-1B registration process in advance of the cap season in which such process will be implemented.
  • Limitation on requested start date. In the final rule, DHS is responding to public comment by revising proposed 8 CFR 214.2(h)(8)(iii)(A)(4), a provision that identifies when a petitioner may submit a registration during the initial registration period. In the NPRM, DHS proposed that the requested start date for the beneficiary be the first business day for the applicable fiscal year. A commenter pointed out that this requirement created a mismatch in the date requirement for cap-gap protection and the proposed date requirement for this new registration process, which could make it impossible for H-1B petitioners and beneficiaries to receive the cap-gap protections afforded by 8 CFR 214.2(f)(5)(vi). In order to correct this mismatch, DHS is removing the word “business” and revising the text to refer to the first day for the applicable fiscal year.
  • Filing period. In the final rule, DHS is responding to public comments by revising proposed 8 CFR 214.2(h)(8)(iii)(D)(2), a provision that indicates the filing period for H-1B cap-subject petitions. In the NPRM, DHS proposed that the filing period will be at least 60 days. In response to public comments stating that 60 days is an insufficient amount of time for a company to gather all the necessary documentation to properly file the petition, DHS is revising the filing period to be at least 90 days.
  • Eligible for exemption. In this final rule, DHS is making several non-substantive changes to the regulatory text as proposed to ensure that the terminology used is consistent with the statute when describing petitions, and associated registrations, filed on behalf of those who may be eligible for exemption under section 214(g)(5)(C) of the INA, 8 U.S.C. 1184(g)(5)(C). For example, in 8 CFR 214.2(h)(8)(iii)(A)(5), DHS deleted “counted” and replaced it with “eligible for exemption.” Similar changes were made in 8 CFR 214.2(h)(8)(iii)(A)(1), (h)(8)(iii)(A)(6)(i) and (ii), (h)(8)(iii)(D), and (h)(8)(iv)(B)(1).
  • Petitions determined not to be exempt. In this final rule, DHS is making nonsubstantive edits in 8 CFR 214.2(h)(8)(iv)(B) to clarify how USCIS may process petitions, when the registration requirement is suspended, that claim exemption from the numerical restrictions but are determined not to be exempt.
• With the exception of changes discussed in this final rule, DHS is finalizing this rule as proposed.

[tacobell fan]

The lottery for H-1B skilled guestworker visas will be getting an overhaul a mere two months before it takes place.

A final rule released Jan. 30 by U.S. Citizenship and Immigration Services switches the order that the lottery is run to maximize the number of visas awarded to workers with advanced degrees from U.S. colleges and universities.

This year’s lottery, which likely will take place during the first week in April, will be run first on all H-1B petitions, followed by a lottery for however many remaining slots there are for advanced-degree holders. Historically, the USCIS has run the lottery for the advanced-degree holder slots first.

The proposal was released at the end of November.

The finalization of the rule a little over a week after public comments were due raised some eyebrows, calling into question the seriousness with which the agency considered the 814 comments received.

The USCIS sent the final rule to the White House Office of Management and Budget for review Jan. 11. Comments were due Jan. 2.

The H-1B lottery has become a staple of the business immigration landscape, as demand for the visas has far outstripped supply in recent years. There are 65,000 H-1B visas available each year, with an additional 20,000 allocated for workers with advanced degrees from U.S. colleges and universities.

The final rule delays the centerpiece of the regulatory change: a new requirement that employers seeking the visas preregister ahead of the lottery. That requirement won’t go into effect until the USCIS can set up the process. Another notice will announce when the preregistration will be required.

USCIS Director L. Francis Cissna had wanted the preregistration system in place by the 2019 lottery, but that was a tall order considering the timing.

The agency had put this and other regulations on the back burner to prioritizepublication of its “public charge” rule, a proposal to limit green cards based on immigrants’ likelihood of becoming dependent on public assistance.

Cissna views the new H-1B lottery process as a time and money saver both for employers and the agency. Employers won’t have to file petitions and supporting paperwork unless they’re actually selected in the lottery, and the USCIS won’t have to sort through hundreds of thousands of paper petitions just to run the lottery.

[rrc_2015]

What is preregistration?? What are affects of this..? 

Explain in layman’s words 

[tacobell fan]

1 minute ago, rrc_2015 said:

What is preregistration?? What are affects of this..? 

Explain in layman’s words 

 

[Katravelli]

Lottery etla theesina odds same raava? 

 

Can someone please explain

[tacobell fan]

Just now, Katravelli said:

Lottery etla theesina odds same raava?

The new proposal may include a modified selection process, as outlined in section 5(b) of Executive Order 13788, Buy American and Hire American. Consistent with the Buy American and Hire American, EO 13788’s direction to suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries, this new proposed regulation would help to streamline the process for administering the H-1B cap and increase the probability of the total number of petitions selected under the cap filed for H-1B beneficiaries who possess a master’s or higher degree from a U.S. institution of higher education each fiscal year. The details have yet to be disclosed as to how the USCIS will achieve it, but such change will lead to further narrowing high-tech foreign degree workers' chances for H-1B cap selection which they have already encountered over the years.

[Katravelli]

But... ade adem chesthaleru kada... this year just lottery order change chesthunnam antunnaru 

[tacobell fan]

1 minute ago, Katravelli said:

But... ade adem chesthaleru kada... this year just lottery order change chesthunnam antunnaru 

we don't know yet

[Quickgun_murugan]

7 minutes ago, tacobell fan said:

we don't know yet

Unna H1s peekesthara?

Fcuk h1 ...H4 EAD s safe aa kada ? 

[kiraak_poradu]

Just now, Quickgun_murugan said:

Unna H1s peekesthara?

Fcuk h1 ...H4 EAD s safe aa kada ? 

matter in 1 line flease kaka

[tacobell fan]

2 minutes ago, Quickgun_murugan said:

H4 EAD s safe aa kada ? 

Nuvvu + aunties safe kaka. Only H1-B Cap candidates with masters are going to be happy.

[Quickgun_murugan]

Just now, tacobell fan said:

Nuvvu + aunties safe kaka. Only H1-B Cap candidates with masters are going to be happy.

Already unna H1s ki enti problem renewals issues chesta antunda uscis saale gallu 

[rrc_2015]

Any affect on extensions and transfers ?

[tacobell fan]

Just now, rrc_2015 said:

Any affect on extensions and transfers ?

Nope

[Quickgun_murugan]

3 minutes ago, kiraak_poradu said:

matter in 1 line flease kaka

Manasaunti MS poraganlaku H1 la extra reservations anta kaka ee year