Houston, TX (Law Firm Newswire) February 1, 2019 – For many years there have been talk about changes coming to the H-1B lottery. Finally, something did happen on December 3, 2018.
On December 3 the Department of Homeland Security (DHS) announced a notice and a comment period for a proposed rule to change the H-1B lottery. The lottery would now be merit based with a new electronic registration process.
Petitioners would be required to first register with the U.S. Citizenship and Immigration Services (USCIS). Once an employee is chosen, in the lottery, USCIS would then ask for the whole petition. While it may speed up the system to a point, there is a concern that employers would use it to file for multiple employees, even some that do not qualify for a position, and thereby messing up the lottery.
“Making these changes does make it easier for U.S. Master’s Degree holders to score a lottery number,” said well-known Houston immigration attorney, Annie Banerjee. “Also, with the new procedure, the rates for entering the lottery are expected to be significantly lower.”
This new rule is not likely to go into effect until March 2019, as CIS is mandated to propose a rule, provide a 30-day public notice period for comments and then make the rule. The comment period for this particular proposed change in rules ended January 2, 2019 and it is likely CIS would require 90 to 180 days to take action on drafting and finalizing the rule. “In the alternative, it is also entirely possible this rule will not be implemented until 2020 given the short turn around time involved,” added Banerjee.
For those interested in finding out how the CIS changes may affect them, that information may be found here.
Given the uncertainty in the immigration system today, it is best to consult with an experienced business immigration attorney to find out what is needed to get on the right side of the law to hire workers.
Law Offices of Annie Banerjee
131 Brooks Street, Suite #300
Sugar Land, Texas 77478
Phone: (281) 242-9139
- To Premium or Not to Premium
As the title suggests, this is a very important question. Listed below are the pros and cons of such decisions To Premium 1. You need to travel outside the US…
- Beware of Fraudulent Phone Calls
Dear Clients, I just received a call from some fraudsters that my nomorobo app did not catch. It left a voice message which said, “There is a Legal Enforcement Action…
- Fairness for High Skilled Immigration Act-HR-1044
Many of you who are in some way connected to Employment Based Immigration know that Visa Numbers are set per country, and all countries get the same amount of quota….
I just want to get paid to play my guitar