H-1B Random Selection Process Will Apply Again This Year

The Department of Homeland Security (DHS) has announced that it will delay the H-1B Selection final rule, which amends the regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions, until December 31, 2021.

The final rule, which was to take effect on March 9, 2021, would replace the random, computerized H-1B cap lottery with a system that allocates H-1B visa numbers according to the Department of Labor’s Occupational Employment Statistics (OES) four-level wage system.

The rule’s delay means that for the upcoming H-1B cap season, USCIS will apply the current regulations (i.e. random selection). The H-1B cap lottery will follow a cap registration period this March.

USCIS has not yet released the exact start and end dates for the FY 22 H-1B cap registration period yet but we will let you know as soon as more information is available.

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