USCIS Unveils Proposed Changes to H-1B Visa Lottery Process and Restrictions

Proposed changes aim to overhaul H-1B visa lottery, extend cap-gap protection for foreign students, and encourage immigrant entrepreneurs, while introducing controversial restrictions potentially limiting foreign-born professionals in the U.S.

• The USCIS proposed changes to the H-1B visa lottery process, aiming to select registrations based on unique beneficiaries rather than each registration, thereby reducing repeated applications for the same individuals.
• Cap-gap protection, which aids foreign students working in the U.S., may extend by six months (from October to April) in the revised rules, reducing disruptions to employment authorization these individuals have experienced in previous years.
• A more controversial aspect of the proposal seeks to narrow the degree qualifications needed for an H-1B specialty occupation, potentially creating opposition from employers and foreign-born professionals.
• Burgeoning immigrant entrepreneurs may benefit from proposed provisions designed to address situations where an H-1B beneficiary owns a controlling interest in the petitioning entity.
• The proposed regulations have also replicated restrictive language from a 2020 Trump-era H-1B rule, deepening concerns as this move could limit the employment of current and future foreign-born professionals in the U.S.

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