Skip to main content

DHS issues rule for wage-based H-1B cap selection process

  1. Original Date Announced

    January 8, 2021

    DHS 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]

    Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions
  2. Effective Date

    March 9, 2021
  4. Biden Administration Action: Delayed

    February 8, 2021

    H-1B Registration Modification - Delay of Effective Date

    This 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.

    View Document

Current Status

Not in effect
February 8, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS

Pre Trump-Era Policies


We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.