USCIS has announced that it has completed data entry of all FY2018 H-1B cap-subject petitions selected in the computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. USCIS stated that due to the high volume of filings, it is unable to provide a definite time frame for returning these petitions.
The Executive Order signed by President Trump on April 18, 2017 outlines executive branch policy to “buy American and hire American.” To advance the “hire American” policy, the Order directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security to propose new rules and issue new guidance to supersede or revise previous rules and guidance in order to protect the interests of United States workers in the administration of the U.S. immigration system, to include the prevention of fraud or abuse. The Order directs the agencies to suggest reforms to help ensure that H-1B visas “are awarded to the most-skilled or highest-paid petition beneficiaries.” The Order provides no specific time frame for completion of the directives. While this Executive Order is consistent with the administration's intention to move toward reform of the H-1B program, it will not result in any immediate changes or impacts on H-1B processing or procedure. By this Order agencies are asked to review policies related to all visa programs and recommend changes to eliminate fraud and abuse, and to propose additional reforms to ensure that H-1B visas are awarded to the most skilled or highest-paid applicants.