USCIS Delays the Implementation of DHS Final Rule Which Would Select H-1B cap Beneficiaries Based on Wage Level

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By Jacqueline Valle

United States Citizenship and Immigration Services (USCIS) will delay the implementation of the final rule which would award H-1B visas based on wage level. For the upcoming fiscal year 2022 cap season, USCIS will use the traditional random selection method to select H-1B cap-subject registrations.

The Department of Homeland Security (DHS) final rule will be effective December 31, 2021 so that stakeholders and USCIS will have more time to adjust to the new process. Previously, the rule was set to go into effect on March 9, 2021.

This final rule will replace the current process of random selection. Instead, USCIS will prioritize H-1B visas based on wage levels, and award visas to workers that earn the highest salary according to their geographic area and occupation.


For help sponsoring workers for H-1B visas for fiscal year 2022, please contact your trusted Chugh, LLP attorney.


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