H1B Visa News Highlights:
- USCIS has announced to delay new Wage (salary) based H1B visa rule.
- H1B process will remain the same as last year by accepting the H1B registration and selecting based on a random H1B visa lottery system.
- Selected registrants will be required to send documentation for granting H1B visa.
The USCIS has announced that it is not considering the New H1B rule based on Wage Level and continuing to use the existing H1B lottery process same as last year. H1B initial registration period for the fiscal year 2022 will open at noon Eastern Time on March 9, 2021, and run through noon March 25.
It is undoubtedly great news for Indian Software Engineer and IT Professionals who have U.S. onsite dreams. DHS has delayed the H-1B Selection Final Rule until December 31 2021. The DHS has decided to apply the current regulations(random selection) for the upcoming H-1B cap season.
Delayed H1B Visa rule based on Wages and H1B Salary:
In January 2021, According to USCIS News release, USCIS had announced a final rule to modify the H-1B cap selection process, improve current lottery procedures, and prioritize the H1B salary to ensure the most highly skilled foreign workers benefit. Modified H1B Visa process would have given preference to employers offering higher wages favouring petitions for higher-skilled positions and individuals.
H1B Cap Selection Process for 2021 (FY 2022):
- H-1B Electronic Registration Process will start on March 9; during the registration period, prospective petitioners (Mainly IT Companies and Tech companies) and representatives will be allowed to fill out petitioner and beneficiary information and submit their registrations.
- On March 25, the H1B registration period will close, and Employer and their representative will not be allowed to register for H1B visa selection process.
- On March 31, USCIS intends to notify selected registrants by computer-based random H1B lottery process.
- Companies/Employer will be able to file the H1B petition from April 1, 2021, if selected in the H-1B lottery.
H1B Visa is the most popular visas among Tech Companies. As mandated by the Congress, USCIS can issue a maximum of 65,000 H-1B visas in a year with 20,000 additional visas for foreign professionals who graduate with a master’s degree or doctorate from a U.S. institution higher learning.
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