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.

US: H1-B Electronic Registration Process Could Undergo Changes

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