USCIS Publishes NPRM Outlining H-1B Lottery Pre-Registration Process

WHAT’S HAPPENING

Today, the United States Citizenship and Immigration Service (USCIS) published a Notice of Proposed Rulemaking (NPRM) titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens” that will implement an electronic pre-registration process for H-1B cap petitions wherein a full H-1B petition would be submitted only after acceptance in the pre-registration lottery. The change stems from directives in the April 2017 “Buy American, Hire American” executive order, which call for reforms to the H-1B visa program to ensure that H-1Bs go to the “most-skilled” and “highest-paid” foreign workers. The rule is aims streamline the H-1B lottery process and increase the probability of selection for H-1B beneficiaries who possess a U.S. master’s or higher degree.

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Administration Aiming to Restrict Green Card Eligibility for Those on Public Aid

On Saturday, September 22, 2018, the Department of Homeland Security (DHS) formally announced that it intends to introduce a notice of proposed rulemaking titled “Inadmissibility on Public Charge Grounds” to amend the regulations governing “public charge” determinations for individuals applying for U.S. permanent residence (“green cards”). In the notice DHS states that the proposed rule is intended to provide a standard for determining whether an applicant for a green card is likely at any time to become a public charge (e.g., that they will be unable to financially support themselves while in the U.S.) and seeks to provide a more comprehensive framework under which the United States Citizenship and Immigration Service (USCIS) will consider public charge inadmissibility.

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