-
Date Announced
Jan. 8, 2021DHS publishes a final rule replacing the random H-1B lottery with a wage-level-based selection process. DHS made no changes to the proposed rule after reviewing comments. The final rule is signed by Ian J. Brekke, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf. [ID #1108]
See Biden administration action below.
View Policy Document -
Effective Date of Change
March 9, 2021 -
Subsequent Action
May 17, 2021A humane society, two health care organizations, and others sued the Biden administration over a Trump-era policy to award the chance to petition for H-1B specialty occupation visas by salary, not the random lottery dictated by the INA.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
2021.05.17 Humane Society of New York et al. v. Mayorkas., No. 1:21-cv-01349 (D.D.C., May 17, 2021). -
Biden Administration Action
February 8, 2021This Biden administration policy modifies the Trump-era policy identified in this entry.
On 2/8/21, USCIS and DHS announced that DHS will delay the effective date of the H-1B cap allocation rule to December 31, 2021 in order to provide more time for testing, training and public outreach. The rule was set to take effect on March 9, 2021. This year's H-1B process will occur using the preexisting random, computerized lottery system.
H-1B Registration Modification - Delay of Effective Date
Prior Policies
-
Example of previous annual instructions on H-1B cap lottery.
USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016
Subsequent Action
- 2021.05.17 Humane Society of New York et al. v. Mayorkas., No. 1:21-cv-01349 (D.D.C., May 17, 2021).
Biden Administration Action
Other Documents
-
Associated or Derivative Policies
Commentary
Salary-Based H-1B Visas May Leave Out Foreign Grads
Go to article