Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video attorney Jacob Sapochnick provides an important update regarding upcoming changes to the H-1B lottery program for cap-subject petitions.
Want to know more? Keep on watching for more information.
We have big news regarding new changes to the H-1B visa lottery program. On January 8, 2021, the Department of Homeland Security (DHS) published a final rule in the federal register entitled, “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” which will completely change the selection process for cap-subject H-1B petitions (for both regular cap and the advanced degree exemption) beginning March 9, 2021.
The purpose of the final rule is to modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to ensure H-1B visas are awarded only to the most highly skilled foreign workers according to a new wage level selection process.
It is important to note that these new changes will impact the upcoming H-1B FY 2022 visa registration cycle for cap-subject petitions, which begins in March. Transfer applications and renewals will not be impacted by this new rule.
According to the new rule, USCIS will no longer follow the randomized computer-generated selection process and will instead rely on a wage ranking system to select necessary registrations each fiscal year.