DHS Proposes Changes to the H‑1B Visa Lottery Process

The Department of Homeland Security (DHS) announced last week a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with US Citizenship & Immigration Services (USCIS) during a designated registration period. Under this proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, a move the agency says would result in “a more meritorious selection of beneficiaries” by increasing the number of individuals with a master’s or higher degree from a US institution of higher education selected in the H-1B cap lottery.

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