USCIS Postpones Changes to Cap Selection Process That Would Favor Highly Paid Employees

U.S. Citizenship and Immigration Services (USCIS) will delay the implementation of a rule that would prioritize high wage earners in the H-1B cap lottery. The rule will take effect on December 31, 2021. The H-1B cap registration and selection process for fiscal year 2022 (FY 2022), which will begin on March 9, 2021, will remain a random lottery selection with no consideration for the wage level. USCIS explained that it was unable to make the necessary changes to their system to accommodate the new rule in time for the FY 2022 H-1B cap lottery registration period. Also, the agency noted that it wishes to continue to evaluate the rule and the underlying policies.