The Department of Homeland Security (“DHS”) announced today that the final rule amending DHS regulations governing H-1B cap-subject petitions will be published in the Federal Register on January 31, 2019, and will become effective on April 1, 2019.

The new rule implements the electronic registration requirement, but suspends it for the FY2020 H-1B cap season.

An H-1B cap registration proposal has been in the works since 2011, but it may have been President Trump’s Buy American and Hire American (“BAHA”) executive order that finally created the right climate to push the proposal as far as it has now come. In its proposed rule, published in the Federal Register on December 3, 2018
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