USCIS announced on February 4, 2021 that it will be delaying implementation of its previously announced rule to use wage-based selection criteria in the H-1B lottery process. That means the new wage rule will not be used in this year’s H-1B lottery. The rule is now set to go into effect on December 31, 2021.

DHS provided the following explanation: “The Department is delaying the rule’s effective date until December 31, 2021, because USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff, and conduct public outreach needed to ensure an effective and orderly implementation of the H-1B Selection Final Rule by the time the initial registration period will be open for the upcoming fiscal year (FY) 2022 H-1B cap season. During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate the January 8th rule and its associated policies, as is typical of agencies at the beginning of a new Administration.”

USCIS also announced, on Feb. 5, 2021, that this year’s H-1B registration period will be open from March 9 – March 25.

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