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DHS Delaying Implementation of New H-1B Cap Visa Selection Rule Based on Wage Levels

The Department of Homeland Security has provided an update regarding the new H-1B Cap regulation that would have changed the H-1B lottery process this year. Under the new H-1B Cap regulation, instead of a random selection process, H-1B visa numbers would have been allocated according to Wage Levels, giving priority to those earning the highest salaries in their respective occupations and geographic areas of employment.


The Department of Homeland Security is delaying the implementation of this new H-1B Cap regulation until 12/31/2021. Therefore, the regulation will not apply to this year's H-1B Cap Season.


Specifically, the Department of Homeland Security stated: "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.”