U.S. Citizenship and Immigration Services (USCIS) is delaying

the effective date of a final rule that changed the selection

process for cap-subject H-1B petitions. The rule would essentially

eliminate the lottery process to give priority to higher wage

offerings. The wage-based selection process is delayed to December

31, 2021, meaning that it will not be in effect for the upcoming

H-1B filing season this March.

For the upcoming H-1B cap lottery, USCIS will use the current

regulations and selection process (random selection) to select

registrations submitted during the filing window of March 9 to

March 25, 2021. The H-1B lottery process saw significant changes

last year, with the implementation of a pre-registration



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guide to the subject matter. Specialist advice should be sought

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