USCIS is officially reversing the order in which H-1B visa are selected under the H1b visa lottery 2019.



USCIS rule change means individuals with U.S. master’s degree have a greater chance of selection in H1B visa lottery 2019.

Starting April 1, 2019, USCIS will first select H-1B petitions for all beneficiaries, including those eligible for the advanced degree exception (that is, the “master’s cap”). USCIS will then select from the remaining eligible petitions to reach the master’s cap.

USCIS will begin accepting H-1B cap petitions for FY 2020 on April 1, 2019. The reverse selection order will apply to petitions filed for the FY 2020 H-1B cap season. It is anticipated that the new rule will result in 5,340 more H1b visa selections for workers with at least a U.S. master’s degree.

We help individuals and businesses to secure H-1B visas for their workforce. If you have questions, contact our office today.

As stated by the Department of Homeland Security (“DHS”):

Changing the order in which USCIS counts these allocations will likely increase the number of petitions for beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected under the H-1B numerical allocations. Specifically, the change will result in an estimated increase of up to 16% (or 5,340 workers) in the number of selected petitions for H-1B beneficiaries with a master’s degree or higher from a U.S. institution of higher education.

DHS received enough public feedback to suspend the electronic registration requirement for the upcoming cap season. Look out for this requirement in next year’s cap season.

These changes are in step with the administration’s Buy American Hire American executive order, which seeks to, among other things, ensure that H-1B visas are awarded to the most skilled or highest-paid beneficiaries.

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.