Yesterday, USCIS announced the H-1B Selection final rule, which amended the regulations governing the process by which USCIS selects H-1B visa registrations for the filing of H-1B cap-subject petitions will be delayed until 12/31/2021. The rule’s delay means that the existing random, computerized H-1B cap selection system will remain in place for this year’s H-1B visa cap season, rather than ranking registrations based on the highest offered wages.
The delay rule states in part: “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.”
USCIS has not yet released the actual start and end dates for the registration period, however it is expected to start in March.
Please reach out to your Greenspoon Marder Immigration team to begin the H-1B registration process as soon as possible.
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