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Time to Prepare for the 2019 H-1B Cap Season

Although the number of petitions filed has decreased slightly over the past couple of years, the H-1B cap has been reached every year for the last six years. Due to the high demand, businesses must be ready to file their H-1B petitions on April 1, 2019. Thus, it is time to start strategizing and preparing now.

While every year the process is stressful for employers and employees alike, this year promises to be even more so because it is not clear exactly how the program will proceed. The Department of Homeland Security (DHS) has proposed a new process: establishing a free electronic pre-registration and changing the random selection process in a way that likely will benefit U.S. master’s degree holders. While the electronic registration process could be a welcome addition, DHS does not know and has not made any definitive announcement as to whether it can implement the process quickly enough to have it ready for this year’s cap season.

This uncertainty makes it even more important to decide how you will choose to proceed. Many employers and attorneys are taking the conservative approach and preparing “as usual” to file full petitions on April 1.

Jackson Lewis P.C. © 2020National Law Review, Volume IX, Number 4


About this Author

Forrest G. Read IV, Immigration, Employment, Attorney, Jackson Lewis, Law Firm

Forrest Read is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has special expertise in legal issues in graduate medical education (GME).

Mr. Read's immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and...