H-1B Cap Update 2019

The Department of Homeland Security (DHS) has decided to postpone the implementation of an online H-1B cap registration system until the FY 2021 filing period, according to an advance copy of the highly anticipated regulation. DHS has postponed implementation of the pre registration system until next year so the agency can continue to test out the online registration system. Once this system is implemented, employers will first register online and if selected in the lottery, then file the full H-1B petitions. DHS will provide more information for the online registration system/H-1B lottery next year.

The agency will, however, switch the order of the regular and advanced-degree cap selection lotteries for the FY 2020 filing ,season, which begins on April 1.

For the upcoming FY 2020 filing season, the agency will first run the regular H-1B cap lottery to select enough petitions to meet the 65,000 H-1B quota. It will then run a lottery to select enough qualifying petitions to meet the cap exemption of 20,000 for holders of U.S. advanced degrees.  This change will lead to a higher proportion of advanced-degree workers being selected in the lottery.

Your organization should continue to work on H-1B petitions as usual, for filing in the FY 2020 cap season.

This post is for informational purposes only. Please contact out office for specific advice and for assistance with the preparation of your organization's H-1B cap petitions.



This website constitutes attorney advertising. The information provided is general in nature and should not be construed as legal advice.


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