The Department of Homeland Security recently proposed changes to the H-1B Cap system that would significantly impact the existing process. The proposed rule, entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions” and revealed on November 2, aims to replace the current random selection process with a new salary-based ranking system that prioritizes selections to applicants that have received offers corresponding to the highest wage levels. This would be a dramatic change to the existing system, which has always been based on a random lottery process. If the rule goes through, it will be implemented in next year’s H-1B Cap for Fiscal Year 2022.

With students across the country returning to remote or socially distanced schooling, many things are looking very different in 2020 – and immigration is no exception. Earlier this year, employers and visa-dependent employees eagerly awaited the first iteration of a pre-filing H-1B cap registration process. Rather than the usual process of submitting a full H-1B petition during the first week of April, the new registration process allowed employers to register their H-1B cap beneficiaries online with a $10 registration fee per employee. U.S. Citizenship & Immigration Services (USCIS) conducted a random lottery in late March and notified the lucky employers of their registration selections. These employers could then file H-1B cap petitions with USCIS between April and June.