This article updates our January 7, 2021 news article concerning USCIS’s proposed final rule, which sought to modify the H-1B cap selection process to prioritize higher wages before this year’s H-1B cap registrations.
On Thursday, February 4, 2021, USCIS announced a new final rule that will postpone any potential wage-based modifications to the H-1B cap selection process until the end of 2021. The language in the rule also suggests that USCIS will also re-evaluate the entire rule and may modify it before implementation or may ultimately not implement it at all.
In issuing the rule, USCIS explained that it needs “more time to develop, test, and implement the modifications to the H-1B registration system and selection process,” and more time to “train staff and perform public outreach as well as give stakeholders time to adjust to the new rule.”
USCIS also confirmed that it will apply the current regulations (random selection) for this year’s H-1B cap season.
Our previous article, which this article updates, is found here. The unpublished final rule, expected to be published on Monday, February 8, 2021, can be found here.
