USCIS MODIFIES H-1B SELECTION PROCESS TO PRIORITIZE WAGES




USCIS today published a final rule modifying the annual H-1B cap selection process to favor high-wage earners. The rule replaces the current H-1B cap random selection process with a process that prioritizes selection of H-1B registrations for individuals earning the highest salaries in their area of employment based on Department of Labor (DOL) wage levels.

The rule is set to take effect March 9, 2021, in time for the Fiscal Year (FY) 2022 H-1B cap registration and selection process. However, implementation may be delayed or deferred, due to changes in presidential administrations.



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