U.S. Citizenship and Immigration Services (USCIS) published an advance copy of a proposed rule to make significant changes to the selection process for H-1B cap-subject petitions: (1) to electronically register H-1B cap-subject beneficiaries with USCIS during a designated registration period and (2) reverse the order of selection for H-1B cap beneficiaries with a master’s or higher degree from a U.S. institution of higher education in relation to other beneficiaries. What would this mean for employers who file H-1B petitions? Here is a recap of the current process and a look at the proposed adjustments to help you understand how the process would change under the new rules.

The Current Process