Some questions have arisen as to whether the lottery for selecting FY 19 H1B petitions will be eliminated, given a recently proposed regulatory rule change. See this link: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AB71 The answer is no, at least according to the above proposed rule. Indeed, DHS is proposing to resurrect a proposed rule from 2011 that creates pre-H1B registration for employers. The idea is to select applications to consider by lottery, but before an employer puts in all the time, cost, and planning to submit the actual packet. With an up-front cap selection process, only those employers who have obtained a cap number would be required to submit the entire H1B Petition for a Nonimmigrant Worker, Form I-129. This idea has merit because, as mentioned, it’s take a LOT of time, planning, and cost to create a proper H1B petition. Small employers, or first-time petitioners often cannot afford the time to become familiar with
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