H-1B Cap Process That Begins In March Gives Priority To High Salary Workers

H-1B cap-subject petition registration will begin March 1, 2021 through March 20, 2021. U.S. Citizenship and Immigration Services (USCIS) will select 85,000 petitions for the H-1B cap (65,000 for the general category and 20,000 for the US advanced degree category). Applicants selected during this process will have 90 days from selection notification to submit the H-1B petition for the beneficiary named in the registration.

USCIS issued a new rule that will change the H-1B cap process from a random lottery to a new selection process based on wage level, giving priority to individuals earning the highest salaries in their occupational category and geographic area of employment. The Department of Labor also announced a new rule to raise the required wages for foreign workers, with increases starting July 2021. We expect both rules to be challenged and will continue to monitor for updates.