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ARTICLE · 10 FEBRUARY 2021

H-1B Cap Selection Process Update – DHS Postpones Effective Date Of Final Rule

Littler Mendelson
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The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B...

United StatesEmployment and HR
Jorge Lopez
Jorge Lopez
Elizabeth Whiting
Elizabeth Whiting
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The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B "specialty occupation" visa applications are processed. Specifically, the delayed rule would, among other things, change the current H-1B lottery registration process and implement a selection process prioritizing H-1B visa applications based on the highest Occupational Employment Statistics (OES) prevailing wage level associated with the position's relevant occupational code and area of intended employment.

The rule had been scheduled to go into effect on March 9, 2021, and would have dramatically altered this year's H-1B registration process. DHS is delaying the rule's effective date until December 31, 2021, citing insufficient time to complete system development, test modifications, conduct public outreach, and train staff by the time the initial registration period opens for the

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