The Department of Homeland Security announced major changes to the H-1B Lottery Program.
This is the H-1B registration program online.
Do you want to know what they are?
Watch this video and I'll tell you more.
Hello, everybody.
In this video, I'm going to break down the H-1B registration requirements for people
that are applying for H-1B visas, this whole new online registration system.
And I'm looking right now at the announcement from the Department of Homeland Security.
This is happening today, the last days of January and this is an anticipation for the
H-1B season that is starting on April 1st of the fiscal year 2019.
And the announcement is titled DHS Announcement, Final Rule For More Effective And Efficient
H-1B Visa Program.
As of now, when people are applying for H-1B visa, they have to prepare the application,
get ready and file it on April 1st.
And what happens after that, the USCIS and the Department of Homeland Security is conducting
a lottery.
Typically, we have 65,000 visas allocated, plus 20,000 more for Masters people that get
an advanced degree from a US university.
And out of those applications, they have to choose the ones that will be selected to get
their H-1B visas.
Now, typically, if we have 65 plus 20,000...
85,000 visas available, we have typically, almost triple the amount of applications,
almost like 190,000 average every year.
And so this online registration system, hopefully, is designed to make the process more efficient,
they think, and maybe make it a little bit more fair.
So, what are some of the things that we have to keep in mind?
The most important thing that everybody's asking is that this registration is not going
to happen right now, H-1B fiscal year 2020, which is now starting April 1st, 2019 to be
effective October 1st, 2019, It's not going to be implemented this year.
Okay?
So, this is something that's going to start next year.
So, that's number one.
People are worried whether it's something that they have to worry about now, but no.
The way it's going to work is that they are proceeding with what is called reversing the
order of the lottery, which means that there is going to be a preference for applicants
with an advanced degree, Masters and above that are applying.
In fact, if we look at the USCIS announcement, they're saying that under the H-1B numerical
locations, the change will result in an estimated increase of up to 16% or 5,340 workers in
the number of selected petitions of H-1B beneficiaries with a Masters degree or higher from a US
institution of higher education.
Which means... so one of the first changes we can see here is that starting this year,
there is a preference for applicants that have high degrees, advanced degrees, Masters
or more from US institutions of higher education.
So, that's the number one change that will be already implemented this year.
Another thing that we've seen is that next year when the registration will be implemented
in 2020, they will basically give two weeks' notice that employers can start registering.
And essentially, before the April 1st deadline.
So, there should be a two-week, 14 days announcement that people can register.
And once people register, once they submitted the registration, those that will be selected,
they'll have three months, 90 days to submit those H-1B visas.
The original rule stated only 60 days time frame.
But in the comments, people said that it is not enough time to prepare an application
in two months.
So, it's good to have some more time.
So again, as of next year when the registration will be effective, there'll be a two-week,
a 14 days advanced notice that it is open for people to start filing and they'll be
able to start using the system.
And those that are selected in the registration will have 90 days to file the H-1B petition.
Now, how will people know about it?
So, according to the notifications, petitioners will be notified electronically that their
application was selected.
And then they will be able to proceed with filing the actual H-1B application.
So again, the main difference is that unlike now, we can actually file those applications
on April 1st and then expect for the best and hopefully will be selected under the new
proposal and the new application process, 14 days advanced notice to register.
And then only those that were registered will be able to file those H-1B applications.
And they have three months to do it.
They'll have to, essentially, print that notice that they have been selected and then they'll
be able to file the application within three months.
Some of the questions that people are concerned about, what is actually there in the registration?
So, employers are going to give some general corporate information but not too many details.
As far as the applicants, they're going to want to know their name, date of birth, country
of citizenship, country of residence, passport number, passport, and things like that.
So, it's not too many details but what is important is that no duplicate applications
would be allowed.
In fact, people that will be filing duplicates... so, one employer can file for one applicant,
but one applicant can have multiple employers filing for them.
Okay?
But it's very important to understand that that employer can register only one applicant
and those who will be in violation will be penalized.
These registrations are in the form of attestations.
So, typically, those attestations will be followed by penalties if those employers will
fail to comply.
All right?
So again, one person, one employee can have multiple employers register for them, but
an employer cannot register more than one employee.
Okay?
Before you submit this application, there's going to be... we imagine it will be like
the PERM application, that way.
It's going to be an online system where you can log in with a registration number, and
before you submit it, you can do changes.
You can change the name, maybe change the name of an employee before you submit it.
But once submitted, it's done.
One of the things is that employers... their concern is that employers going to be registering
because they don't have to pay anything.
Right?
And so, the concern is employers are going to be registering all these positions, but
they're not actually going to be filing them once they are selected.
Well, I believe that DHS is going to have very strict penalties against people who are
not going to actually file the H-1Bs if their registration is selected.
So, be careful.
Don't register if you don't intend to file.
Those are the main things that I see here.
As far as the announcement, again, everything is going to happen next year, but today, is
almost the last day of January and we have this announcement from DHS about a more effective
H-1B program.
So, major changes to the H-1B Lottery, final rule published today.
Essentially, this is not going to happen this year, not 2019.
The only thing that's going to happen in 2019 is that we have a reverse order of the lottery.
So, a major preference for Masters's degrees and higher, advanced degrees.
That's the main change in 2019.
2020, online registration is going to be implemented and employers are going to be registering.
They'll get two weeks' notice, three months to do this and no multiple filings for single
employees.
So again, this is the first thing we know about it.
I just want to do this quick video to get the word out there.
If you have any questions, post them in the comments below.
If you like this video, share and subscribe to our channel because we have more and more
things to come.
And if you're watching it on Facebook, share and like and we'll see you at our next video.
Thanks for watching.