Greenspoon Marder Immigration Alert: It’s That Time of the Year Again: H-1B Cap FY 2020

Jan 24, 2019

Once again, it is time to start preparing for the H-1B Cap season. As you may be aware USCIS has recently issued a proposed regulation to make changes to the H-1B filing process including making make changes to the lottery process that would increase the odds that U.S. Master’s degree holders will be selected, and introducing a new mandatory online registration system for employers. While USCIS is working to implement the regulation in time for the upcoming H-1B cap season, it is not yet clear whether the agency will meet this timeline, thus employers are encouraged to continue preparing for the H-1B cap season as they normally would.

If the processing remains the same, we once again anticipate that we will have an H-1B lottery. A lottery has been conducted for the past five years for H-1B cap filings. During FY 2019, USCIS received 190,098 petitions within the first five business days of April. During FY 2018, USCIS received 199,000 petitions within the first five business days of April. Similarly, USCIS received 236,000 petitions within the first five business days of April for FY 2017 and 233,000 petitions for the FY 2016 cap season. We also anticipate that the Requests for Evidence to continue in the H-1B category. The USCIS has implemented the Executive Order “Buy America, Hire American: Putting American Workers First” resulting in both procedural and substantive changes. We predict that Request for Evidence will continue specifically in the area of justifying complexity of job duties to sustain that a role qualifies as an H-1B specialty occupation, entry level wages and will continue to question if the degree and/or experience qualifies the individual in the specialty occupation.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any further questions or concerns.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Immigration Alert: It’s That Time of the Year Again: H-1B Cap FY 2020

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