USCIS Delays Implementation of Wage-Based H-1B Allocation Rule
On Thursday, February 4, USCIS announced the delayed implementation of the recent Trump Administration rule that prioritizes allocation of H-1B visas under the annual H-1B quota according to the wage level of the offered position. Implementation has been postponed until December 31, 2021, which ensures the rule will not impact the Fiscal Year 2022 H-1B registration and selection process.
For FY 2022, USCIS will continue the registration and random selection process for all H-1B petitions subject to the annual numerical cap. The registration period will take place beginning March 9 and will run through noon on March 25. At the conclusion of the registration period, USCIS will apply random numeric selection processes (“lotteries”) to select registrations under first the Regular H-1B Cap and then the Master’s Cap. Petitioners with selected registrations may proceed with filing H-1B petitions during the designated filing period, likely April 1 through June 30. The petitions must request a start date of October 1, 2021.
Foster will continue to monitor agency action impacting on the FY 2022 H-1B cap filing season and will make future updates available as appropriate via our firm website at www.fosterglobal.com.