FY 2022 H-1B Cap: USCIS To Continue With Random H-1B Lottery; Will Not Apply Wage-Level Based Selection Process

U.S. Department of Homeland Security (DHS) has issued a final rule delaying the implementation of its January 8, 2021, rule under which the random H-1B cap lottery process was to be replaced with a wage-level-based selection process that would prioritize the selection of H-1B cap registrations for those being offered the highest wages. DHS is now delaying the January 8 rule’s effective date until December 31, 2021. Accordingly, USCIS will continue to follow the random H-1B lottery process for the upcoming FY 2022 H-1B cap filing season. Again, USCIS will NOT be implementing the wage-level-based selection process for the FY 2022 H-1B cap selection process.

The new final rule is scheduled to be published in the Federal Register on 02/08/2021. DHS will also be accepting public comments on the new rule until March 7, 2021. Comments on the rule must be submitted through http://www.regulations.gov. Comments submitted in any other manner, including emails or letters sent to DHS or USCIS, will not be considered.

We continue to monitor the developments related to the H-1B cap 2021 filing process, and will keep our readers updated.

If you have any questions regarding the H-1B visa program, or need help filing an H-1B petition, contact VisaPro Law Firm today. VisaPro attorneys helped clients’ secure near 100% approval with H-1B cap filings in the past 5 years. We’ll talk through your priorities and recommend strategies for March 2021 H-1B registrations based on our attorney’s prior success.

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