H-1B Lottery Reform

Business Immigration for the Hospitality Industry, O' Brien Law

USA, Washington, D.C. January 31, 2019

On January 30, 2019, the Department of Homeland Security (DHS) posted a final rule amending the regulations for H-1B cap-subject visa petitions. The new rule, which takes effect on April 1, 2019 and will apply to all H-1B visa petitions filed during the upcoming FY 2020 H-1B Cap season, reverses the order in which H-1B petitions are selected under the H-1B Lottery system. Under reversed selection, the 65,000 cap-subject H-1B Petitions are selected first, and the 20,000 H-1B beneficiaries that are eligible for the advanced degree exemption, known as the "Master's Cap", are selected second, from the remaining advanced degree H-1B petitions.

Changing the order in which U.S. Citizenship & Immigration Services (USCIS) counts these allocations will likely increase the number of petitions for beneficiaries with a master's or higher degree from a U.S. institution of higher education to be selected under the H-1B numerical allocations. USCIS estimates that the change will result in an increase of up to 16% (or 5,340 workers) in the number of selected petitions for H-1B beneficiaries with a U.S. master's degree or higher.

USCIS has also announced that it will be suspending its planned new electronic registration requirement for H-1B Petitioning employers for the upcoming FY 2020 Cap Season. Thus, Employers may proceed to file H-1B Petitions with USCIS on April 1, 2019 without having to first register with USCIS.

H-1B Employers that have not yet contacted their immigration counsel to prepare for the upcoming FY 2020 H-1B Cap Season, should do so as soon as possible. Advanced preparation is necessary to ensure the highest likelihood of success under current regulatory and adjudicatory standards.

Please contact O'Brien Law LLC if you should have any questions, or, would like our assistance in pursuing H-1B sponsorship.


Tags: immigration, h-1b, lottery, visas, visa, housekeepers, hotel staff, law, business, room attendants, hiring, human resources, HR

About O'Brien Law LLC

Media Contact:

Jackie Otfinoski
Attorney
O'Brien Law LLC
T: 203-435-7921
E: jackie@obhrlaw.com
W: http://www.obhrlaw.com

Subscribe to our newsletter
for more Hotel Newswire articles

Related News

Choose a Social Network!

The social network you are looking for is not available.

Close
Coming up in March 2020...

Human Resources: Confronting a Labor Shortage

With the unemployment rate at its lowest level in decades (3.7%), what has always been a perennial problem for human resource professionals - labor shortage - is now reaching acute levels of concern. It is getting harder to find and recruit qualified applicants. Even finding candidates with the skills to succeed in entry-level positions has become an issue. In addition, employee turnover rates remain extremely high in the hotel industry. As a result of these problems, hotel HR managers are having to rethink their recruitment strategies in order to hire the right talent for the right job. First, hotels have been forced to raise their wages and offer other appealing perks, as a way to attract qualified candidates. Secondly, HR managers are reassessing their interviewing techniques, focusing less on the answers they receive to questions and more on observable behavior. Part of this process includes role-playing during the interview, so that the recruiter can gauge how a candidate works through specific problems and interacts with other team members. Additionally, some HR managers are also creating internal talent pools as a way to address labor shortages. Instead of utilizing department resources to find new hires with specific skills for needed positions, hotels are cultivating talent pools internally and preparing their employees to assume leadership roles whenever the time comes. They are also placing greater emphasis on a company culture that is more performance-based, as a way to curb employee turnover, increase employee satisfaction, and assure higher levels of customer service. Finally, recognizing the importance of employee retention as a way to lessen the impact of a tight labor market, some HR managers are instituting generous reward programs in order to retain their top performers. The March Hotel Business Review will explore what some HR professionals are doing to address these and other issues in their departments.