USCIS announced it is delaying the effective date of the H-1B Selection final rule, which changed the selection process of H-1B petitions, essentially eliminating the lottery process to give priority to higher wage offerings. Last month, we published a client alert covering this announcement. The wage-based selection process was delayed to December 31, 2021, meaning that it will not be in effect for the upcoming H-1B filing season this March.
The agency cites the need for more time to develop, test, and implement the changes to the system and process. The delay will also give USCIS more time to train staff, inform the public, and give stakeholders more time to adjust.
For the 2021 H-1B cap lottery, USCIS will use the regulations and selection process (random selection) on petitions received once the filing window opens in 2021.
The 2020 H-1B lottery process saw significant changes itself last year, with the implementation of a pre-registration process. For ways to prepare for the upcoming 2021 H-1B lottery, including lessons learned from 2020, watch the recording of our webinar hosted on January 27.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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