Late last week, USCIS took another step towards revamping the H-1B Cap Lottery. As we reviewed in December, the agency proposed a rule that would create an online pre-registration system and reverse the order of Cap selections. Following the end of its comment period in early January, USCIS has now forwarded the proposed rule to the Office of Management and Budget, and intends to review and respond to public comments in the coming weeks.
Though much of the government remains closed, USCIS is a fee-funded agency that has not been as seriously affected by the government shutdown, and remains dedicated to finalizing and publishing the new rule in time for this spring’s H-1B Cap season. Whether the Service can or will achieve this goal on such an accelerated schedule remains to be seen, and we will continue to monitor the situation to ensure our clients are prepared to proceed with either method of filing.