h1-b visa graphic with american flag in the backgroundIf you are thinking of filing a new H-1B Specialty Occupation application for FY2022, now is the time to get things organized. As last year, employers will be required to register both cap-subject and cap-exempt H-1B applicants through USCIS’s online system.  Following the registration period in March, 2021, USCIS will select applications. Only those selected will then be able to submit a complete H-1B petition.

It is important to thoroughly analyze the wage and specific occupation of each prospective H-1B worker beginning at the registration stage of the process. This is always true, but could have even bigger implications this year. That is because on January 8, 2021 the Department of Homeland Security (DHS) published a final rule replacing the former lottery system with a wage-based system for selecting H-1B registrants. That rule is currently set to go into effect on March 9, 2021. However, on January 20, 2021, the new White House Chief of Staff Ron Klain issued a memo directing federal agencies to consider postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the memo’s date. If DHS heeds Mr. Klain’s memo, the new wage-based rule would not take effect until March 21, 2021. 

As you can see, the H-1B rules are in flux, and there are many factors to consider. To speak with one of the experienced lawyers at MJ Law, please schedule a consultation appointment. (408) 293-2026, or online https://www.mj-law.com/immigration-consultation-silicon-valley/

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