USCIS Publishes Final Rule to Implement Wage-Based Selection Process in H-1B Lottery

January 8, 2021

Today, the USCIS published a final rule to change the H-1B cap selection process to a wage-based system, instead of the current random selection process. 

The regulation is scheduled to take effect in 60 days on March 9. However, the Biden Administration has indicated it plans to delay all Trump Administration regulations that have not taken effect by inauguration day (January 20), so it is likely this rule will not impact the upcoming H-1B registration and lottery for FY2022.

It is also likely that lawsuits will be filed challenging this regulation as contrary to the H-1B statute, which calls for selection to be based on the order that petitions are received.

Employers seeking to sponsor employees for new H-1B visas (subject to the cap, not extensions, amendments or changes of employer) should begin now to prepare for the registration period, which will likely be in March.

We will continue to provide updates on our website.