USCIS Announces Changes to H-1B Selection Process

On January 7, 2021, U.S. Citizenship and Immigration Services (USCIS) announced a new final rule that would modify the H-1B selection process and replace the H-1B visa lottery process that was implemented last year. 

The new final rule, which was published on January 8, 2021, will prioritize the highest-paid positions when administering the H-1B lottery. It is scheduled to go into effect in 60 days and could apply to H-1B petitions for fiscal year 2022, which employers can begin submitting this March. 

USCIS stated that this rule change will “disincentivize abuse of the H-1B program.” However, immigration advocates believe that this rule is damaging because it will reduce the number of H-1B workers and raise wages to a level that some employers cannot afford. It would also make it more difficult for companies to hire recent graduates of U.S colleges and universities or employees for startup companies by having to prioritize more experienced, higher paid specialty occupation workers.

It is not certain whether this rule will go into effect for this year’s lottery as the incoming administration could still extend its implementation. President-elect Joe Biden has previously stated that he would work with Congress to reform temporary visas “to establish a wage-based allocation process and establish enforcement mechanisms to ensure they are aligned with the labor market and not used to undermine wages,” but has not commented specifically on this rule.

We will continue to provide any updates on the implementation of the rule. For more information about this rule, please read the official USCIS announcement and rule.