February 5^th, 2021

On January 7, 2021, USCIS announced the new H-1B Selection final rule, which allocate H-1B quota based on wage level.  This new rule will fundamentally impact H-1B lottery system and H-1B visa program as well. More than 80% of H-1B sponsors are small businesses which will be unable to sponsor H-1B once the wage allocation system is enacted.

To allow USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process, DHS is delaying the effective date of this final rule from March 9, 2021, to December 31, 2021. The delay will also provide more time for USCIS to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule.

It is important to note that for the upcoming H-1B cap season, USCIS will apply the current regulations, which denote a random selection to any registration period that takes place before December 31, 2021. This means that 2021 could be the last year of H random lottery. Anyone who is eligible for H lottery in 2021 should take the opportunity to participate. Our firm offers free H evaluation. Please contact Jing Feng Law Group, PLLC at jfeng@fengvisa.com or 646-288-7129.

Attorney Jing Feng is a decorated immigration lawyer who has been working in immigration for years. She has notable experience in this domain and has successfully helped a multitude of clients with the H-1B registration process.