H-1B Wage Priority Rule Change Delayed Until End of Year

On January 8th, 2021, the Department of Homeland Security (DHS) published a rule to change the process that H-1B applications will be selected. The new rule will give H-1B priority based off of wage levels, where those with the higher occupational wage levels will be selected first.

With the H-1B season arriving shortly in March and the transition to the Biden administration, a new rule delaying the H-1B wage priority rule will be published on February 8th, 2021. This will delay the H-1B wage priority rule until December 31, 2021. It 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.”

As such for FY 2022, the H-1B process will continue as it has in the previous year. Online registration will be anticipated to begin on March 1, 2021 as the official date has not been released. The registration process is relatively straightforward and will require the petitioner (or an authorized signatory) to input basic information about the beneficiary. Each beneficiary will be assigned a number to track their registrations.

Once the registration period has ended, USCIS will conduct the annual H-1B lottery and will notify the petitioners whether their beneficiaries were selected. Wage level will not be a priority in the lottery selection process. The petitioners will then have 90 days to submit the H-1B applications for the beneficiaries that have been selected.

At Zhang & Associates, we have successfully represented thousands of non-immigrant and immigrant visas cases.  Our experienced immigration attorneys are here to guide professionals through the complicated H-1B application process, and minimize any and all confusion or challenges. As your legal counsel, we will register beneficiaries in this new system, complete the employer consent form, and fully prepare all H-1B petitions pre or post lottery selection. We understand how important an H-1B visa is to you, whether as the employer or the prospective employee. Our seasoned staff and years-long track record of success make Zhang & Associates the natural choice to facilitate your H-1B petitions. If you would like to contact us, please email us at info@hooyou.com.

Former U.S. Consular officer and Visa Officer , Attorney Sechyi Laiu joined Zhang & Associates, P.C. on June 26, 2017

At Zhang & Associates, P.C., Attorney Laiu specializes on Consular Processing cases and business development. Attorney Laiu also focuses on TN visas, E visas, CBP administrative proceedings (monetary confiscation, deferred inspection), and overseas financial compliance.

Prior to joining Zhang & Associates, P.C., Attorney Laiu worked for the U.S. Department of State as a Chinese and Portuguese speaking diplomat. As a consular-coned officer who served in Vancouver (Canada), Shenyang (P.R. China), and Rio de Janeiro (Brazil), Attorney Laiu processed over 30,000 visa cases and worked in every section of Consular Affairs overseas (Fraud Prevention Unit, Immigrant Visas, Non-Immigrant Visas, and American Citizen Services).

He uses his experience and expertise to deliver the highest quality of service to our clients.

Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

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