US: H1-B Electronic Registration Process Could Undergo Changes

Modifications to current lottery and cap selection processes for H1-B visas were set to take effect on March 9, 2021. The changes were announced in final rule posted to the Federal Register on January 8, 2021, by the US Citizenship and Immigration Services (USCIS), providing a 60-day review period before changes go into action. The new rule would prioritize workers with the highest skills and those offered the highest salaries for their job function and geography, replacing the prior lottery system that randomly selected which foreign workers would receive H1-B visas.

However, in early February, USCIS announced it would delay the effective date of the rule until December 31, 2021, to give it more time to develop, test and implementation system modifications related to the registration system and selection process.

Takeaway: For employers that seek to employ foreign workers, the H1-B cap selection process is something to monitor closely. Start to review current and future H1-B worker visa needs now to ensure compliance and keep a close watch on emerging regulations.


Coronavirus Considerations for Businesses

North America

US: Biden Administration Freezes Proposed Regulations on Worker Classification

US & Canada: Both Employees and Contractors are Among Growing Alphabet Workers Union

US: Age Discrimination Claim Denied in Worker Performance Case


UK: AGS Launches IR35 Resource Site to Help Companies Prepare for April Countdown

UK: Points-Based Immigration System Updated

UK: Brexit Trade Deal Excludes Financial Services, With Data Sharing and Privacy Rules to Come

Poland & Hungary: EU Ruling Influences Posting of Workers and Services Across Region


India: A Government-Mandated Wage Code Restructuring Could Boost Retirement Income

China: Heavier Penalties for Violating Workplace Safety Measures Being Considered

Australia: New Reform Bill Aims to Protect Workers, Define Casual Employment

This update contains general information only, and AGS is not rendering legal advice. Before making any decision or taking any action that may affect your business, you should consult qualified legal counsel. AGS shall not be responsible for any loss whatsoever sustained by any person or company who relies on this update.