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H1B Cap-Subject Lottery Requirements to Remain Unchanged

Watson Immigration Law News UpdateIt was with great anxiety that we have been awaiting news of clear guidance as to where the new departing-Trump rules on H1B would stand. Just before he left office, Trump implemented rules that would require the annual H1B lottery to be based on scale of wages.  

“Specifically, USCIS would first select registrations with proffered wages that meet or exceed the highest OES prevailing wage level for the relevant SOC code and area(s) of intended employment”. 

This new policy will be detrimental to various industries as the program is not just used by the high paying tech companies but also schools, universities, hospitals, architects, and others. 

As such, we breathe a sigh of relief today that we can proceed as usual as the rule has been delayed until December 2021. 

You may recall the Trump administration made substantial changes to the lottery system in 2020 as the lottery process was made electronic.  

The government states that this delay is put in place so USCIS can test new systems. 

My sincere hope is that later in the year, this rule can be rescinded properly. It does not advance American businesses and the economy. And we shall be advocating as such. Here is a link to the rule for anyone who wants to read it.

We continue to take cases for the lottery season, and hopefully all our clients can relax too!