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ARTICLE · 12 JANUARY 2021

USCIS Issues Final Rule On Modification Of H-1B Cap Selection Process

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USCIS has released its final rule on the modification of the H-1B cap selection process ("Modification Rule") to prioritize petitions with the highest wage levels in the Federal Register.

United StatesEmployment and HR
Amy Peck
Amy Peck
Michael Neifach
Michael Neifach

USCIS has released its final rule on the modification of the H-1B cap selection process ("Modification Rule") to prioritize petitions with the highest wage levels in the Federal Register.

Unless the Biden administration decides to delay or freeze the new rule, the rule will become effective on March 9, 2021 (60 days from publication), in time for this year's H-1B Cap Registration process.

Since 2007, USCIS has conducted a lottery for the limited number of Cap H-1B available. The lottery selection was random, although skewed toward beneficiaries holding U.S. advanced degrees. The process allowed petitioners who held U.S. advanced degrees to compete first in the overall lottery and, if not selected, again in a special lottery only for those holding U.S. advanced degrees. While the Modification Rule will continue this dual lottery system, it will prioritize the selection of cases in each lottery based on the highest wage levels for the appropriate

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