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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 visa lottery with a wage-level-based selection process. DHS made no changes to the final rule after receiving and reviewing comments on the proposed rule. 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
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  4. Biden Administration Action: Delayed

    February 8, 2021

    H-1B Registration Modification - Delay of Effective Date

    This Biden administration policy delays 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. The FY 2022 H-1B process will occur using the preexisting random, computerized lottery system.

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  5. Biden Administration Action: Revoked/Replaced

    December 22, 2021

    2021.12.22 Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, Implementation of Vacatur

    This Biden administration policy fully revokes the Trump-era policy identified in this entry.

    On December 22, 2021, USCIS withdrew the "Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions" final rule issued on January 8, 2021, because that rule has been vacated by a Federal district court.

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Current Status

Not in effect
February 8, 2021
Acted on by Biden Administration
December 22, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS

Pre Trump-Era Policies

Commentary

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