USCIS Final Rule Delaying Effective Date of Rule Creating a Wage-Based Selection Process for H-1Bs
USCIS final rule delaying until 12/31/21 the effective date of the final rule “Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions,” which was published at 86 FR 1676 on 1/8/21, and which was originally to become effective on 3/9/21. Comments regarding the delay of the effective date will be accepted until 3/10/21. (86 FR 8543, 2/8/21)
The delay rule states: “The Department is delaying the rule’s effective date until December 31, 2021, because USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff, and conduct public outreach needed to ensure an effective and orderly implementation of the H-1B Selection Final Rule by the time the initial registration period will be open for the upcoming fiscal year (FY) 2022 H-1B cap season. During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate the January 8th rule and its associated policies, as is typical of agencies at the beginning of a new Administration.”
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 214
[CIS No. 2680–21; Docket No: USCIS 2020– 0019]
RIN 1615–AC61
Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H–1B Petitions; Delay of Effective Date
AGENCY: U.S. Citizenship and Immigration Services (USCIS), U.S. Department of Homeland Security (DHS).
ACTION: Final rule; delay of effective date; request for comments.
Related Resources
- USCIS Press Release: DHS Delays Effective Date of H-1B Selection Final Rule – February 4, 2021
- USCIS Final Rule Creating a Wage-Based Selection Process for H-1Bs (86 FR 1676, 1/8/21)
- White House Issues Memo on Regulatory Freeze Pending Review (86 FR 7424, 1/28/21)
- Featured Issue: DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels