The Effective Date of H-1B Selection Final Rule is Delayed

The story goes back to January 7th, 2021 when USCIS announced the H-1B Selection final rule, which changed the process for USCIS to select H-1B registrations for the filing of H-1B cap-subject petitions. Let me break it down a little bit for you: 

The Effective Date of H-1B Selection Final Rule is Delayed

The Effective Date of H-1B Selection Final Rule is Delayed

USCIS announced that they will not apply the new amended H-1B selection rule as of yet! Let's check out some details here:

What's the amended H-1B Selection Rule?  

The proposed rule is to replace the current random selection process with a new wage-based selection process. This new rule will prioritize the selection of H-1B registrations based on employers who pay the highest wages. 

Why delay the effective date?

The effective date of H-1B selection final rule is meant to give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process. This is also for the purpose of having more time to train USCIS's staff and perform public outreach as well as give stakeholders time to adjust.

When is this rule going to take into effect?

The date has been delayed from March 9th, 2021 to Dec. 31st, 2021

What happens to the upcoming H-1B cap season?

USCIS will apply the current random selection regulations before Dec. 31st, 2021.

"The current H-1B random selection process makes it difficult for business to plan their hiring, fails to leverage the programmer to compete for the best and brightest international workforce, and has predominantly resulted in the annual influx of foreign labor placed in low-wage positions at the expense of US workers." Joseph Edlow, the USCIS Deputy Director for Policy said.

What do you think about the Final Rule? Would it affect your decision to apply for your H-1B visa at all? I am interested to know!

Before you go, don't forget to check out my popular posts!

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