Immigration Blog

USCIS Modifies H-1B Selection Process to Prioritize Wages

By Bill at January 10, 2021 19:41
Filed Under: Immigration News
Release Date 

Rule Expected to Protect the Economic Interests of American Workers

WASHINGTON—U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.

Modifying the H-1B cap selection process will incentivize employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive.

“The H-1B temporary visa program has been exploited and abused by employers primarily seeking to fill entry-level positions and reduce overall business costs,” said USCIS Deputy Director for Policy Joseph Edlow. “The current H-1B random selection process makes it difficult for businesses to plan their hiring, fails to leverage the program to compete for the best and brightest international workforce, and has predominately resulted in the annual influx of foreign labor placed in low-wage positions at the expense of U.S. workers.”

This effort will only affect H-1B registrations (or petitions, if the registration process is suspended) submitted by prospective petitioners seeking to file H-1B cap-subject petitions. It will be implemented for both the H-1B regular cap and the H-1B advanced degree exemption, but it will not change the order of selection between the two as established by the H-1B registration final rule.

The final rule will be effective 60 days after its publication in the Federal Register. DHS previously published a notice of proposed rulemaking on Nov. 2, 2020, and carefully considered the public comments received before deciding to publish the proposed regulations as a final rule.

New H-1B Electronic Registration Process Starts in March‏‎

By Bill at December 13, 2019 23:51
Filed Under: Immigration News

USCIS announced that employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap must first electronically register and pay the associated $10 H-1B registration fee. read full announcement

Under this new process, employers will complete a registration process that requires only basic information about their company and each requested worker. USCIS will open an initial registration period from March 1 through March 20, 2020. The H-1B random selection process will then be run on those electronic registrations.

The winners will then be notified by the USCIS to file the I-129 H-1B cap petitions throughout the FY-2021 cap season. Employers who receive the winner notice from the USCIS will be given "60 days" from the date of winner notices to file the H-1B cap petitions with the USCIS.

The electronic registration process will dramatically streamline processing by reducing paperwork and data exchange, and will provide an overall cost savings to petitioning employers. However, the lottery on registration rather than the petition itself may lead to huge increase in numbers of registrations and further reduce the winning rate.

Anyway, the registration is less than three months away. H-1B season will begin soon, take following action now!

  1. Update Resume and Career Profile
  2. Review H-1B Sponsors by Occupation, Industry and Location
  3. search H-1B Jobs in your occupation


Not all jobs are created equal!