As we have previously reported, this final rule has been postponed in light of Biden’s efforts to postpone “midnight regulations” that signed by President Trump during the waning days of his administration. See our earlier posts:
- Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject Petition
- H-1B Lottery unlikely to be impacted by the New Rule
- H-1B Lottery for FY2022 will Remain Unchanged
Although legal challenges are expected to be filed, the final rule is on track to become effective on 12/31/2021.
In explaining the delayed start, USCIS 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.”
Comments regarding the delay of the effective date will be accepted until 3/10/2021.