FY 2022 H-1B Lottery: DHS To Replace Current Process With Wage-Level Based H-1B Cap Selection Process

The Department of Homeland Security (DHS) has announced that it is amending the regulations governing the H-1B cap selection process by which USCIS selects H-1B registrations for the annual H-1B cap.

Under the new rule, the current random H-1B lottery process will be replaced with a wage-level-based selection process that would prioritize the selection of H-1B registrations for those being offered the highest wages. If USCIS receives more registrations than necessary during the initial H-1B cap registration period, USCIS will rank and select the registrations on the basis of the OES wage level of the proffered wage, i.e. they will rank and select registrations whose proffered wage have highest OES wage level. USCIS will begin with OES wage level 4 and proceed in descending order with OES wage levels 3, 2, and 1. If USCIS receives more registrations, at a particular wage level, than necessary to meet the H-1B cap, it would randomly select from all registrations within that particular wage level a sufficient number of registrations needed to reach the annual cap numbers.

DHS had previously published the proposed amendments on November 2, 2020 and is now publishing the final rule with the amendments after considering the public comments received in response to the proposed rule. The new rule will become effective 60 days after its publication on January 8, 2021.

The amendment only affects H-1B registrations submitted by employers seeking to file H-1B cap petitions, and will be implemented for both the H-1B regular cap and the H-1B master’s cap exemption. The order of selection between the two, however, will not change.

VisaPro continues to closely monitor the developments related to the H-1B cap 2021 filing, and will keep our readers updated.

If you have any questions regarding the H-1B cap registrations, or need help filing an H-1B cap 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 H1B registrations based on our attorney’s prior success.

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