Delayed: Effective Date of New Wage-Based H-1B Selection Final Rule

• On Feb 8^th, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS), published a rule that will delay the effective date of the new Wage-Based H-1B Selection Final Rule to December 31, 2021.
• The H-1B Selection Final Rule, originally scheduled to take effect on March 9, 2021, would replace the current randomized H-1B selection process with a system that prioritizes foreign nationals being offered a higher salary: positions that meet or exceed the highest wage level for the occupation and worksite(s) based on the Dept. of Labor’s four-level wage system.   
• This delay follows a January 20^th memo from the Biden Administration asking federal agencies to consider the postponement of any new regulations published but not yet in effect.
• DHS states that the delay will allow sufficient time for training, system development, testing, modifications, and outreach as needed for effective implementation, as well as evaluation of the rule and corresponding policies.
• Selection for this year’s H-1BFY Cap Lottery will proceed as it did last year (random selection); and USCIS will apply the current regulations to any registration period before Dec. 31, 2021.

MT Perspective:

MT is closely monitoring the fast-changing immigration landscape, will provide updates on developing situations, and continue to assess and advise affected clients with recommendations.

USCIS Announces H-1BFY Cap Registration Schedule for FY 2022

USCIS has announced that this year’s H-1BFY Cap Registration period will run from March 9^th to March 25^th. The H-1B Electronic Registration Process will proceed as it did last year.

MT has been reaching out to clients to prepare for H-1BFY Cap registration and will continue to keep clients apprised of changes and new information.