The Department of Homeland Security (DHS) has published a final rule that will change the process for choosing H-1B visa petitions that are subject to the annual “cap” on applications. The immigration rule is set to take effect in April 1, 2019 and will see the DHS changing the order by which it allocates available cap-subject slots
Specifically, the DHS will soon allocate H-1B visa petitions in reverse, first running the random selection process for the 65,000 slots against all cap-subject cases, then allocating the 20,000 slots against the pool of foreign nationals with advanced degrees from American educational institutions. The agency predicts that this will lead to an increased selection of up to 5,340 petitions filed by foreign nationals who possess U.S. postgraduate degrees.
H-1B visas allow U.S. employers to hire foreign nationals qualified in highly specialized fields like biotechnology, computer science, and the like. Being subject to an annual cap, only a limited number of visas are approved every year. This cap is set at 65,000 with an additional 20,000 H-1B slots available to foreign nationals with advanced degrees acquired from U.S. universities and colleges. Before the rule change, the advanced degree slots were allocated first, followed by the rest of the applicants.