Monday, January 3, 2022

USCIS Withdraws H-1B CAP Wage-Based Selection Rule

The Department of Homeland Security has withdrawn its H-1B Selection Final Rule as of December 21, 2021. The Rule was vacated by a US District Court in September 2021, and pursuant to that order, the DHS has withdrawn the Rule in the Federal Register.

First issued on January 8, 2021, the Rule created a new ranking order of H-1B CAP registration entries, rather than using a random lottery, in order to prioritize the highest OES prevailing wage levels. Musillo Unkenholt’s blog about the January 2021 rule can be found here.

The rule was initially intended to go into effect in time for the March 2021 CAP registration period, but it was ultimately delayed in February 2021 and never went into effect for any H-1B CAP lottery.

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