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FY2022 H-1B Cap Season Changes

On January 8th, 2021, the Department of Homeland Security finalized a regulation that would change the H-1B Visa Cap Lottery process this year.

If the regulation is not challenged by the incoming Biden Administration or in federal court, the regulation will go into effect on 03/09/2021.

Under the new regulation, instead of a random selection process (the H-1B Cap Lottery), H-1B visa numbers will be allocated according to Wage Levels, giving priority to cases that use higher Wage Levels. There are 4 Wage Levels (1-4).

If this regulation goes into effect, H-1B Registration Applications will likely ask employers to indicate the Wage Level that will be used for each H-1B Petition.

Due to these changes, we encourage employers to provide required information and documents to our firm, as soon as possible.

H-1B Registration Applications are expected to be submitted between March 1st and March 20th this year. The H-1B Visa Selection Process is expected to take place on March 31st.


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