DHS Delays Effective Date of Wage-Based H-1B Selection Final Rule

Field of bamboo trees with walkway

DHS Delays Effective Date of Wage-Based H-1B Selection Final Rule

USCIS has issued the following press release:

On Jan. 7, USCIS announced the H-1B Selection final rule, which amended the regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions.

To give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process, DHS is delaying the effective date of this final rule from March 9, 2021, to Dec. 31, 2021. The delay will also provide more time for USCIS to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule.

For the upcoming H-1B cap season, USCIS will apply the current regulations (random selection) to any registration period that takes place before Dec. 31, 2021.

Additional information on the delayed effective date is available in the Federal Register notice.


For additional information on the delayed rule, please see our update DHS Publishes Final Rule to Replace H-1B Cap Random Selection Process with Wage-Based Selection Process [hyperlink to our e-blast from 1/8/2021.


This update was prepared by Fausta M. Albi, Partner, Larrabee Albi Coker LLP.

Legal Disclaimer:   This e-blast is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.  Immigration laws and policies change frequently, often without notice.  It is therefore important to seek direct legal counsel based upon individual circumstances.


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