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Happy New Year and Happy H-1B Cap Season! Now is the time for US employers to prepare for registration in the H-1B Cap Lottery. Readers may recall that...
To embed, copy and paste the code into your website or blog: Following up on its November announcement, last week USCIS issued a Final Rule to change the way cap-subject H-1B petitions are selected. The Final Rule (which is unchanged from the proposed November Rule) would significantly alter the H-1B cap selection process by creating a tiered selection system. The tiered system would be based on the four OES (Occupational Employment Statistics) Wage Levels and would strongly favor employers who can pay the highest wage for the occupation in the area of employment. USCIS has stated its plan to implement the Rule for this years’ H-1B Cap Season (FY2022). It’s questionable, however, whether this will happen. Various challenges are expected and will likely result in the Rule being enjoined or at least paused, so watch for updates.