USCIS Delays H-1B Wage-Based Selection Process for Cap-Subject Petitions
This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.
U.S. Citizenship and Immigration Services (USCIS) is delaying the effective date of a final rule that changed the selection process for cap-subject H-1B petitions. The rule would essentially eliminate the lottery process to give priority to higher wage offerings. The wage-based selection process is delayed to December 31, 2021, meaning that it will not be in effect for the upcoming H-1B filing season this March.
For the upcoming H-1B cap lottery, USCIS will use the current regulations and selection process (random selection) to select registrations submitted during the filing window of March 9 to March 25, 2021. The H-1B lottery process saw significant changes last year with the implementation of a pre-registration process.
- “DHS Delays Effective Date of H-1B Selection Final Rule,” Feb. 4, 2021
- “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions; Delay of Effective Date,” USCIS, Feb. 8, 2021, Federal Register
- “USCIS Modifies H-1B Selection Process to Prioritize Wages,” USCIS, Jan. 7, 2021