US delays H-1B selection final rule, lottery system to apply for upcoming season

The implementation of H-1B selection final rule will mark a change from the allocation based on the existing lottery system to a wage system.

The department of homeland security (DHS) has delayed the implementation of proposed changes to the H-1B registration system and selection process until December 31, 2021. According to the DHS, the effective date for the proposed changes to the H-1B registration system and selection process has been delayed to give US citizenship and immigration services (USCIS) more time to “develop, test, and implement the modifications”.

The delay is supposed to provide more time for the USCIS to train its staff and give stakeholders time to adjust to the new rule. (Getty Images/iStockphoto)

The delay is also supposed to provide more time for the immigration agency to train its staff and give stakeholders time to adjust to the new rule. “For the upcoming H-1B cap season, USCIS will apply the current regulations (random selection) to any registration period that takes place before Dec. 31, 2021,” the immigration agency said in a statement.

The USCIS had announced the H-1B selection final rule to amend the existing random selection process for H-1B registrations for filing cap-subject petitions. The modification to the existing system was announced during the final few days of the Trump administration which would have prioritised the H1-B visa applications offering the highest wage level in the employment category and geographic area. The implementation of H-1B selection final rule will mark a change from the allocation based on the lottery system to a wage system.

Read | Trump admin’s final wage rules will not apply for upcoming H-1B filing season

While announcing the amendments to H-1B cap selection process in January, the USCIS had said that it will incentivise employers to offer higher salaries, petition for higher-skilled positions, and remain globally competitive. Joseph Edlow, the USCIS deputy director for policy under Trump administration, had said that the lottery system has failed to “leverage the program to compete for the best and brightest international workforce”, resulting in an influx of foreign workers for low-wage positions at the expense of American workers.

“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,” Edlow had said.

The delay has been announced days after the department of labor (DOL) postponed the implementation of final wages rule until May 14, 2021. The department said that the proposed delay will “allow agency officials the opportunity to review any questions of fact, law, or policy, the rule may raise”. The final wages rule would have forced American companies seeking H-1B, H-1B1 or E-3 visas for foreign workers to offer the same, or higher, wages as their local counterparts.