USCIS Delays Wage-Based H-1B Selection Process Until at Least December 31, 2021

February 8, 2021

As expected, today USCIS published a final rule delaying the previous administration's rule that would have changed the random H-1B cap selection process to a wage-based system until at least December 31, 2021.

The delay rule states: “The Department is delaying the rule’s effective date until December 31, 2021, because USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff, and conduct public outreach needed to ensure an effective and orderly implementation of the H-1B Selection Final Rule by the time the initial registration period will be open for the upcoming fiscal year (FY) 2022 H-1B cap season. During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate the January 8th rule and its associated policies, as is typical of agencies at the beginning of a new Administration.”

Therefore, this wage-based process will not impact the FY2022 H-1B season.

In addition, DHS is accepting public comments on the entirety of this final rule package until March 10, 2021. You may submit comments, identified by DHS Docket No. USCIS-2020-0019, through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the website instructions for submitting comments.

For more on the registration process and FY H-1Bs, see our FAQs on Fiscal Year H-1Bs.