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.www.obhrlaw.com

Related News

Choose a Social Network!

The social network you are looking for is not available.

Close
Coming up in March 2019...

Human Resources: An Era of Transition

Traditionally, the human resource department administers five key areas within a hotel operation - compliance, compensation and benefits, organizational dynamics, selection and retention, and training and development. However, HR professionals are also presently involved in culture-building activities, as well as implementing new employee on-boarding practices and engagement initiatives. As a result, HR professionals have been elevated to senior leadership status, creating value and profit within their organization. Still, they continue to face some intractable issues, including a shrinking talent pool and the need to recruit top-notch employees who are empowered to provide outstanding customer service. In order to attract top-tier talent, one option is to take advantage of recruitment opportunities offered through colleges and universities, especially if they have a hospitality major. This pool of prospective employees is likely to be better educated and more enthusiastic than walk-in hires. Also, once hired, there could be additional training and development opportunities that stem from an association with a college or university. Continuing education courses, business conferences, seminars and online instruction - all can be a valuable source of employee development opportunities. In addition to meeting recruitment demands in the present, HR professionals must also be forward-thinking, anticipating the skills that will be needed in the future to meet guest expectations. One such skill that is becoming increasingly valued is “resilience”, the ability to “go with the flow” and not become overwhelmed by the disruptive influences  of change and reinvention. In an era of transition—new technologies, expanding markets, consolidation of brands and businesses, and modifications in people's values and lifestyles - the capacity to remain flexible, nimble and resilient is a valuable skill to possess. The March Hotel Business Review will examine some of the strategies that HR professionals are employing to ensure that their hotel operations continue to thrive.