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DHS Delays Trump Administration’s H-1B Selection Final Rule Until Year’s End

February 5, 2021

On Thursday, the Department of Homeland Security (DHS) announced it would not be applying the H-1B Selection final rule introduced on January 7 by the Trump Administration to the upcoming H-1B registration period, which begins in March. 

The Trump administration’s rule, set to go into effect on March 9, would have changed the current random lottery H-1B selection process to prioritize high wage-earning and more experienced applicants.

DHS will delay the rule until December 31, 2021, and then reopen it to public comment. This window will allow for DHS to possibly revise the rule before next year.

In the notice posted to USCIS.gov, the agency said the delay was needed to “give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process,” and “to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule.”

Each year, 85,000 H-1B cap-subject visas are available; in FY21, USCIS received 275,000 H-1B cap registrations.