USCIS Delays Rule Creating A Wage-Based

H-1B CAP SELECTION PROCESS

This year’s fiscal 2022 Cap registration process remains the same. USCIS has moved the effective date of the H-1B cap wage-based lottery system to December 31, 2021. What this means is that USCIS is changing the H-1B cap selection process from the random lottery process to the wage-based selection process effective December 31, 2021. The final rule will be published in the Federal Register on February 08, 2021. Comments on the delayed effective date will be accepted for 30 days.

The delay rule states: “The Department is delaying the rule’s effective date until December 31, 2021, because USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff, and conduct public outreach needed to ensure an effective and orderly implementation of the H-1B Selection Final Rule by the time the initial registration period will be open for the upcoming fiscal year (FY) 2022 H-1B cap season. During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate the January 8th rule and its associated policies, as is typical of agencies at the beginning of a new Administration.”