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H-1B Cap Initial Registration Period Opens March 9th and USCIS Delays Effective Date of H-1B Wage-Based Preference System

Published on February 8, 2021

On February 5, 2021, USCIS announced that the initial registration period for FY2022 H-1B cap will open at noon (ET) on March 9th and run through noon (ET) on March 25th.

On February 4, 2021, USCIS announced that the effective date of the H-1B Wage Selection Final Rule will be delayed until December 31, 2021. Accordingly, USCIS will use the random selection process it used last year for the FY2022 H-1B cap season.

Once effective, the Trump Administration rule will impose a wage-based preference system to replace the previously random H-1B lottery selection process. The H-1B wage-based preference system was scheduled to go into effect on March 9, 2021. Now, USCIS has delayed the effective date until December 31, 2021. As a result, the new wage-based preference system would only go into effect prior to the H-1B cap season for FY-2023, if the rule is not reversed or enjoined by litigation.

Please contact the Immigration Attorneys at Ryan Swanson if you would like to sponsor any employees in the H-1B cap lottery this year.

Amy Royalty can be reached at [email protected].
Jen Chen can be reached at [email protected].
Cody Nunn can be reached at [email protected].
Marsha Mavunkel can be reached at [email protected].
Lindsay Cason can be reached at [email protected]
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].

Visit our blog to stay up to date on all the latest immigration developments and alerts.

This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.

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