Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
Wage-based H-1B lottery rule delayed until 12/31/2021
On 2/4/2021, AILA (American Immigration Lawyers Association) received an advance copy of USCIS final rule delaying until 12/31/21 the effective date of the final rule “Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions,” which was originally to become effective on 3/9/21. This is the rule that will change the annual H-1B lottery from a random lottery to one in which the H-1B visa numbers will go to the H-1B beneficiaries who will be paid the highest wages.

The final rule will be published in the Federal Register on 2/8/21. Comments on the delayed effective date will be accepted for 30 days. If you oppose H-1B lottery selections being based on the highest wages, which would disadvantage smaller employers and the hiring recent graduates into entry-level positions, I encourage you to submit a comment once the rule is published on Monday.

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.” So, there is a possibility that the rule could go away, so your Federal Register comments will help the USCIS determine the course of action to take on this rule.

This client alert is being provided only to company representatives. Please share with your foreign national staff as you see fit or direct them to our web site where this client alert will be posted.

If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.

Leila Freijy
Law Office of Leila Freijy PLLC
Law Office of Leila Freijy PLLC|
Immigration & Compliance Law
Leila Freijy, Esq.
3150 Livernois Rd #103
Troy, MI 48083
248.287.4115 (fax)