USCIS Announces Delay for Wage-Based Cap Selection

News RoomFebruary 23, 2022

USCIS Announces Delay for Wage-Based Cap Selection

USCIS Announces Delay for Wage-Based Cap Selection

On February 4, USCIS announced the delay of the effective date of the H-1B Cap wage-based selection final rule, which would modify the random selection process for H-1B cap-subject petitions to one that prioritize wages, until December 31, 2021. The agency cited needing more time to train staff, conduct public outreach, and develop, test, and implement changes to the registration system. Additionally, USCIS confirmed that the agency would apply the current random selection process for any registration that takes place before December 31, 2021.

The publication of the wage-based selection final rule for the H-1B cap this January, along with other prior administration moves, had injected numerous uncertainties into this year’s cap process. We are still awaiting confirmation of the registration period and how it will be conducted in the near future. And this recent announcement also provides available time for DHS to reconsider its plans for this wage based lottery and/or time for it to be successfully challenged in court.

The final rule delaying the effective date of the waged-based selection final rule will be published in the Federal Register on February 8, 2021. The public will have 30 days from the date of publication to submit a comment.

Our firm will continue to closely follow any announced changes for the H-1B registration system and provide timely updates.

H-1B Cap Season and Important Immigration Updates – What you Need to Know in Just 30 Minutes

It is that time of year again, when companies look to support existing employees and new hires in their application for H-1B. We have seen unprecedented changes in business immigration in the last few years, and there is a strong likelihood of additional changes coming soon – including the Fairness for High Skilled Immigrants Act – all of which suggest maintaining stable non-immigrant status is an important part of any company’s immigration strategy. Join Managing Partner, David Zaritzky Brown, as he walks through what to expect for this upcoming H-1B Cap season and how our firm will process applications. This is a special webinar that is specific to the H-1 Lottery/Cap Season for HR/Managers and employees involved in filing an H-1B this year.

Additionally, David will spend a few minutes providing key immigration updates related to recent moves by the Biden administration to undue many of the prior administration’s harmful and at times, last ditch maneuvers to undermine our existing legal immigration structure. The core program will be a quick 30 minutes and leave ample time for Q&A.

If your company or fellow HR colleague can benefit from such a session, please register, and invite your friends.

REGISTER HERE for February 18th

Additional H-1B Cap Webinar

As precaution and to ensure all clients are aware of what to expect, we have scheduled additional follow up Webinar to ensure everyone has an opportunity to join in should you have a conflict on the 18th.

REGISTER HERE for February 24th

Please Note: Both Webinars will cover similar subject matter as our previous presentations earlier in January, however as there are a number of new developments there will be new information shared. We will do our best to share it at the front of the presentation for those who wish to only hear the updates. After the event we will make the recording and slides available to clients on our website HERE (under Previous Webinars).

Once registered, you will receive an email with a link to use to join the video chat on the day of the event. Please note: This link should not be shared with others; it is unique to you. If you ever misplace the invitation link, simply visit the webinar schedule on our website to join the LIVE chat.

If you have contacts or colleagues who may benefit from our talks, you are welcome to invite them to join our VIP invitation list by sharing our webinar schedule where they can subscribe for further information.

Don’t miss these opportunities to increase your knowledge on important immigration issues!

Thank you and we look forward to having you at the event.

Best Regards,

The Team at Brown Immigration Law

** This newsletter/memo is provided for informational and discussion purposes only. It does not act as a substitute for direct legal contact on an individual basis **