Today the U.S. Department of Homeland Security (DHS) is publishing a rule (https://public-inspection.federalregister.gov/2021-02665.pdf) that will delay implementation of the January 8, 2021 final rule that had been pushed through by the Trump administration which would have significantly changed the H1B registration system. Under the now-delayed rule, registrations would have been prioritized if they offered the highest salaries for their occupation and geographic area. Now, the U.S. Citizenship and Immigration Services (USCIS) will instead use the same H1B registration system implemented last year.

The rule to convert the registration process to a wage-based system is being delayed until December 31, 2021. In the meantime, the Biden Administration will review the rule and possibly take steps to modify or eliminate it.

Posted in: Immigration