US H-1B Cap Selection Process Changed to Benefit Workers

US H-1B Cap Selection Process Changed to Benefit Workers

US Citizenship and Immigration Services (USCIS) has announced the modification of the H-1B cap selection process. It has amended the current lottery procedure, and prioritised wages for the protection of the economic interests of US workers and to better ensure benefits to highly skilled foreign workers from the temporary employment program.


The modification aims to incentivise 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. 


This effort will only affect H-1B registrations (or petitions, if the registration process is suspended) submitted by petitioners who are seeking to file H-1B cap-subject petitions. It is going to be implemented for both the H-1B regular cap and the H-1B advanced degree exemption. However, it won't 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 November 2, 2020, and carefully considered the public comments received before deciding to publish the proposed regulations as a final rule. 


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