As a human resources manager or the owner of a business, you want to hire the most qualified applicants to ensure your company's success. H-1B visas allow American companies to employ foreign workers temporarily in certain specialty jobs. Applicants with advanced degrees can apply for an H-1B visa under the advanced degree exemption, also known as the master's cap. The following will explain some of the recent changes to the selection process, so you can see how your business could be affected.

Changes to the Process

In January of 2019, the United States Citizenship and Immigration Services (USCIS) made two major changes to the protocol about who gets an H-1B visa. Though it’s still a lottery-based system with caps in place for the amount of applicants accepted, they will now reverse the order by which petitions are selected 

The number of both regular and advanced degree applicants will count toward the regular cap first. Once that cap is met, the USCIS will select applicants for the advanced degree exemption. As a result, there is an increased chance that advanced degree holders will be awarded an H-1B visa — if their petition is not chosen in the regular lottery, it is reentered into the master's cap lottery for another opportunity to be chosen.

The second change is that all applicants must submit their requests through the USCIS's electronic system. However, this requirement has been suspended for the 2019-2020 H-1B forms, so applicants can continue to submit materials as they traditionally have for the upcoming year.

Effect on Businesses

HR managers and business owners should be encouraged to hire workers with advanced degrees. Not only does this guarantee a more specialized skill set to make use of in the workplace, but it raises the odds of an applicant being given an H-1B visa.

In addition to following the standard application process, note that the worker must have an advanced degree from an accredited American university to qualify for the lottery. This should inform recruitment procedures and help you find candidates that meet the eligibility guidelines for both your business and the H-1B application process.

For assistance at any stage of pursuing an H-1B advanced degree exception, the immigration attorneys at LOIGICA® are here to help. Based in Miami, FL, they work with clients across the country. They offer representation in all types of visa applications, including H-1Bs, extraordinary ability exemptions, and permanent labor certifications. Call (786) 292-9704 or visit them online to request a consultation.