United States

H-1B wage-prioritization regulation posted today

7 Jan 21

UNITED STATES

U.S. Citizenship and Immigration Services (USCIS) has posted the H-1B regulation that would replace the annual H-1B lottery for cap-subject petitions with a wage-based selection process. The final regulation is expected to be published tomorrow.

Key Points:

  • The final regulation is scheduled to be published in the Federal Register on Jan. 8 with a 60-day delayed effective date (March 9).
  • The incoming Biden administration has indicated that it plans to delay or halt Trump administration regulations that have not taken effect by Inauguration Day on Jan. 20.
  • USCIS proposed the regulation on Nov. 2, 2020, and accepted comments from the public for a 30-day period.

Additional Information: BAL is closely following the final regulation and will provide additional updates and analysis as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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