USCIS: H-1B Cap Selection Continues to be Random Lottery (and Not Salary-Based)

As we are heading into the H-1B cap season this year, USCIS has just announced that a January 7, 2021 H-1B Selection final rule which sought to introduce salary-based selection will be delayed until at least December 31, 2021. As a result, this coming H-1B cap lottery will continue to be based on random selection as it was in prior years.

H-1B Salary Selection Rule Delayed and Subject to Additional Review

On January 7, 2021 the previous administration announced a final rule which sought to modify the way the H-1B cap visas are allocated. Specifically, the rule gave priority for H-1B cap selection to the cases offering the highest “wage level”.

The January 7, 2021 H-1B selection rule is now delayed until December 31, 2021, in an effort to allow USCIS additional time to further review the rule and to determine whether or not to keep it. If USCIS decides to keep the rule, the additional time will allow them to create the necessary modifications to the H-1B lottery registration systems and the required application form. It will also give the public sufficient time to prepare to submit applications under the rule.

At this time we do not know if the rule will be kept, modified, or rescinded. But we do know that it will not be applicable to the upcoming March/April 2021 H-1B cap season (FY2022).

Attorney Assistance with H-1B Cap Preparation and Submission

Webinar Discussion

Our office is very active in monitoring news and developments relating to the new H-1B cap registration process and we are constantly engaged in improving and adjusting the best ways to prepare and file H-1B petitions in order to maximize the chances of approval. We offer a webinar session where attorneys of our firm will discuss the upcoming H-1B cap season and how to be successful in it.

Conclusion

With the H-1B cap filing process changed substantially over the past couple of seasons and with very high demand expected, we urge H-1B employers to start the preparation process early and to conduct a thorough case analysis before submitting the H-1B cap lottery entry in early March.

If you wish to start a new H-1B work visa petition under this year’s quota, or if our office can be of any help, please contact us as soon as possible or submit our H-1B cap contact form.  Our attorneys and professionals stand ready to review your case, as part of our free initial consultation, and will help you prepare a strong H-1B application. Also, we invite you to subscribe to our free weekly newsletter to obtain further news and developments on this topic.