Please note that Citizenship and Immigration Service has been talking about changing the lottery system for years. Nothing was done until December 3, 2018, when Citizenship and Immigration Service published a notice and comment period with the intention of doing the lottery first with some information. Then, after the employee gets selected, the Citizenship and Immigration Service would require the whole petition.
While most attorneys, including American Immigration Lawyer’s Association, do not want this change, (hurts lawyers’ pocket books) I actually am in favor of it. However, the only thing I am concerned about is employers using it to file for numerous employees, many of whom will not qualify, thereby skewing up the lottery. The proposed rule also makes it easier for U.S. Master’s Degree Holders to score a lottery number.
When an agency like Citizenship and Immigration Service propagates a rule, the law demands that the agency propose the rule and gives the public 30 days’ notice to comment on the process and then make a rule after reading all the comments. Given the fact that this comment period ended on Jan 2, 2019, we doubt very much whether the new rule will be promulgated by March 2019. Agencies typically take at least 90-180 days to act.
Citizenship and Immigration Service also realizes the time crunch, and has said that it might not be possible to implement the new process this year. However, as we await the Citizenship and Immigration Service to release how many comments it received and its ability to act on the process, we are going to send out questionnaires for the employees, as well as a list of documents. I am just waiting on my questionnaire and forms program to be updated by software engineers with new questions that I designed myself. I was supposed to have that delivered last Friday, however I will wait one more week before sending out the previous questionnaires and document list.
Also note: that our fee structure will be based on the type of filing procedure, but will not exceed the current rate for this fiscal year. With the new procedure, the rates for entering the lottery is expected to be significantly lower.
For more information, visit Banerjee & Associates