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].

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