Greenspoon Marder Immigration Alert: Breaking News

Immigration Blog Feb 5, 2021

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.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Immigration Alert: Breaking News

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