Back to News

Dept. of Homeland Security Issues Final Rule Governing Cap-Subject H-1B Petitions

Published on

February 5, 2019

Employers need to know about two major changes the Department of Homeland Security made official when it amended regulations governing petitions filed under the H-1B visa lottery last week.

The first piece of new regulation reverses the order by which the U.S. Citizenship and Immigration Services (USCIS) will select petitions submitted on behalf of all beneficiaries under the H-1B cap lottery. An H-1B is a work visa for highly-specialized jobs that require at least a bachelor’s degree in a specific field of study, and the recent update also includes those eligible for the advanced degree exemption (U.S. masters degrees or above).

Beginning April 1, the office first will count ALL applicants (bachelor and U.S. advanced degrees) towards the regular cap lottery for 65,000 H-1B visas. After these are selected, the office will select applicants towards the U.S. advanced degree exemption for the additional 20,000 H-1B visas. It is anticipated this change will result in an increase of up to 16 percent 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.

The final rule also adds an electronic registration requirement for employers seeking to file H-1B cap-subject petitions, though it won’t take effect until 2020 to allow USCIS sufficient time to engage in stakeholder outreach and provide training to the public on the registration system in advance of its implementation. Once implemented, employers will be required to pre-register for an H-1B cap-subject number. USCIS will then select the full 85,000 H-1B cap-subject numbers from the pre-registrations and only those employers will be able to submit a petition on April 1, 2020.

Employers wishing to file H-1B cap-subject petitions for the April 1 filing season should begin preparing now. If you have any questions about the new regulations, please contact me or any member of the Barley Snyder Immigration Practice Group.


Related News

View More News
Press Release
September 29, 2026

Barley Snyder Partner Jeff Lobach Receives Lifetime Advocate Award from Pennsylvania Immigration Resource Center

For Immediate Release York, Pa. — Barley Snyder is proud to share that partner Jeff Lobach received the Lifetime Advoca...

Learn More
News Alert
September 28, 2026

NLRB Clarifies Standard for Employee Misconduct During Protected Activity

The National Labor Relations Board (NLRB) has restored a more employer-friendly rule for evaluating employee misconduct that ...

Learn More
Press Release
September 16, 2026

Barley Snyder Partner Michael Crocenzi Named “Lawyer of the Year” in Employment Law – Management by Best Lawyers

For Immediate Release York, Pa. – Barley Snyder partner Michael J. Crocenzi has been named a “Lawyer of the Year&#...

Learn More

Other Upcoming Events

View All Upcoming Events
Oct
27
2:30 pm
-
6:00 pm
event
Location

2026 Lancaster Business Seminar

Learn More
Nov
03
2:30 pm
-
6:00 pm
event
Location

2026 Harrisburg Business Seminar

Learn More
Oct
22
2:30 pm
-
6:00 pm
event
Location

2026 Reading Business Seminar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers