USCIS Modifies H-1B Selection Process to Prioritize Wages

By: Dayna Lally[i]

On January 8, 2021, the USCIS announced a final rule that will modify the H-1B cap selection process for FY 2022.[ii]

Current lottery procedures are being amended to prioritize selected registrations based on the wage levels for the relevant occupational category and area(s) of intended employment.[iii]

This ranking process with begin with the highest wage level (IV) and proceed in descending order with wage levels III, II, and I.[iv] The wage level ranking will occur first for the regular cap selection and then for the advance degree exemption.[v]

Although the modified H-1B cap selection process is intended to protect the economic interests of U.S. workers and better ensure that the most highly skilled foreign works benefit from the temporary employment program, there has been significant opposition to the final rule.

Lally Immigration Services, LLC is closely monitoring the situation and will provide updates as they become available. If you have questions regarding the modified H-1B selection process, or what is an h1b cap petition, contact H1b attorney, Dayna Lally, to schedule an H1b attorney consultation.

[i] Dayna Lally is an H1b attorney in the Greater Boston area and the owner of Lally Immigration Services, LLC. As an H1b visa lawyer, ​​Dayna assists U.S. employers with H1b immigration petitions.

[ii] See: https://www.federalregister.gov/documents/2021/01/08/2021-00183/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions.

[iii] Id.

[iv] Id.

[v] Id.