USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process  to prioritize high wage earners until December 31, 2021. This means that the fiscal year (FY) 2022 H-1B cap registration and selection process will proceed as it did last year, with selection based on a random lottery. The stated rationale for delaying the effective date of the January 8 rule is to provide USCIS with adequate time to complete system development, test system modifications, train staff, and conduct public outreach, though it was also noted that DHS leadership will further evaluate the legacy Trump Administration rule and its associated policies.

Additionally, today USCIS announced that the initial registration period for the FY 2022 H-1B cap will open March 9, 2021 at Noon Eastern Time (ET) and will close on March 25, 2021 at Noon ET.

FY 2022 H-1B CAP REGISTRATION – WHAT EMPLOYERS CAN EXPECT

Employers intending to file H-1B cap petitions for an employment start date of October 1, 2021 will have from March 9 to March 25 to electronically register each intended beneficiary and pay the associated $10 H-1B registration fee. The random H-1B cap lottery will be conducted after the registration period concludes, and employers will then be notified when to submit H-1B petitions for selected beneficiaries during a designated filing period expected to commence April 1. The agency may determine it is necessary to open an additional registration period later in the year if it does not receive enough registrations and subsequent petitions projected to reach the annual quota.

Gibney will continue to provide updates, and will be working with clients to prepare for the upcoming H-1B cap registration process.

For additional information, please contact your designated Gibney representative or email info@gibney.com.