USCIS Final Rule Creating a Wage-Based Selection Process for H-1Bs

USCIS final rule creating a wage-based selection process for H-1B registrations. The regulatory text is the same as that in the Notice of Proposed Rulemaking published on 11/2/20. The rule is effective 3/9/21. (86 FR 1676, 1/8/21)

Note: USCIS published a final rule at 86 FR 8543 on 2/8/21 delaying the effective date of the rule until 12/31/21. The rule was withdrawn by a final rule published at 86 FR 72516 on 12/22/21.

DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 214

[CIS No. 2679–21; DHS Docket No. USCIS– 2020–0019]

RIN 1615–AC61

Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H–1B Petitions

AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security.

ACTION: Final rule.

Related Resources

• USCIS Final Rule Withdrawing H-1B Wage-Based Selection Rule (86 FR 72516, 12/22/21)
• USCIS Final Rule Delaying Effective Date of Rule Creating a Wage-Based Selection Process for H-1Bs (86 FR 8543, 2/8/21)
• Immigration Impact: What You Need to Know About the Latest Changes to the H-1B Registration Process - January 14, 2021
• USCIS Stakeholder Message: DHS Publishes Final Rule to Replace H-1B Cap Random Selection Process with Wage-Based Selection Process – January 7, 2021
• USCIS Press Release: USCIS Modifies H-1B Selection Process to Prioritize Wages – January 7, 2021
• USCIS Notice of Proposed Rulemaking Creating Wage-Based Selection Process for H-1Bs (85 FR 69236, 11/2/20)