H-1b Lottery 2019 Final rule: Online registration update and more, Immigration Lawyer in California

H-1b Lottery 2019 Final rule: Online registration update and more, Immigration Lawyer in California


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.

7 thoughts on “H-1b Lottery 2019 Final rule: Online registration update and more, Immigration Lawyer in California”

  1. So, no opportunities for graduates from foreign institutions. It's just another form to keep immigrants from coming into the country LEGALLY.

  2. Good day sir new subscriber here…I’m applying for H1B I’m a direct hiring I have already an employer in the US can you help me if I will go this year..thank you

  3. Good trump stopped h1b visas in the USA send all Indians back to India to work from the west to rebuild infrastructure and sports infrastructure in India without western help rich Indians dont help the poor they run to the west

  4. The responsibility to develop a nation lies on its citizens and not on west and they have to rectify the overreligiousnss mess of forcing Islam or christianity in India the rich are not doing anything Indians go back period and accept people like me who have adjusted to western American society and culture without loosing hindu values and are struggling to find work life balance

  5. These Indians have harrassed me a lot by not letting me coexist properly and isolating me socially good well deserved send all Indians back to India to work and accept people like me who have adjusted to western American society and culture without loosing hindu values and doeamt mean that I cannot have sex with Indian gals. Even if I marry an Indian gal i will divorce her given the chance

Leave a Reply

Your email address will not be published. Required fields are marked *