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USCIS Chief Hints H-1B CAP Process May Be Simplified for FY2020

October 17, 2018

Streamlined lottery process proposal in development at USCIS HQ

Update: In an interview with Bloomberg Law, USCIS Director L. Francis Cissna addressed potential improvements to the H-1B CAP lottery process currently being discussed at USCIS headquarters. The proposal currently being developed could include a pre-registration/pre-selection process potentially easing the burden on employers who may only need to file full petitions for petitions selected in the lottery.

As this proposal is still in the draft phase, details are not yet known. According to the article in Bloomberg Law, “A proposed rule hasn’t emerged yet, but U.S. Citizenship and Immigration Services Director L. Francis Cissna hopes to have a new regulation finalized by April, he told Bloomberg Law in an exclusive interview Oct. 12. The aim is to make the process easier on both employers and the agency, Cissna said.”

Next Step: As with other proposed changes to the H-1B visa, this potential change is still in development. Once the agency proposal is drafted, there are several steps the rule must pass through before taking effect, including publication for public comment. Rules can also be challenged in federal court, delaying their implementation.

Image Source: GWU Regulatory Studies Center