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

  1. Date Announced

    Jan. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    March 9, 2021
  3. Subsequent Action

    May 17, 2021

    A 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).
  4. Biden Administration Action

    February 8, 2021

    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.

    H-1B Registration Modification - Delay of Effective Date

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