wage based h1b visa lottery delayed till dec 31 2021

H1B Visa Wage Based Lottery Selection Delayed!

H1B Visa applicants have been waiting to know if USCIS will implement Wage Based H-1B Visa Lottery for FY2022 (Application window opens on March 2021).

USCIS confirmed today that Wage Based H-1B Selection is delayed until Dec 31, 2021.

The background

  • Jan 7, 2021 – USCIS announced New-Wage Level based cap allocation.
  • Jan 20, 2021 – Biden Team issued a memo to delay pending regulations.
  • Feb 4, 2021 – Wage Based H-1B lottery Selection Delayed until Dec 31, 2021

Here’s the official announcement from USCIS.

On Jan. 7, USCIS announced the H-1B Selection final rulewhich amended the regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions.

To give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process, DHS is delaying the effective date of this final rule from March 9, 2021, to Dec. 31, 2021. The delay will also provide more time for USCIS to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule.

For the upcoming H-1B cap season, USCIS will apply the current regulations (random selection) to any registration period that takes place before Dec. 31, 2021.

Additional information on the delayed effective date is available in the Federal Register notice.

The Impact

What does this mean for this year’s H1B Visa applicants? If you apply for H1B Visa via the Registration System, as per last year’s process, USCIS should open the registration window on March 1, 2021.

The H-1B Visa Registration window would close on March 20, 2021.

Join the Discord Community to Discuss H-1B Lottery Process.


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