H-1B Selection Process Updates for Cap Subject Petitions Delayed

Despite the rule process in 2020, and the announcement on January 7, 2021 that they H-1B program’s selection process would undergo an overhaul, the current administration has put a hold on the announced changes.

Based on an announcement from USCIS, the effective date of the H-1B Selection final rule has been postponed until December 31, 2021 to "provide more time for USCIS to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule".

Bottom line - the program is the same as it was last year. It is unclear whether the review process will result in reversing or modifying the rule’s implementation in any way. Stay tuned for more changes in the future.

H-1B Selection final rule’s implementation delayed. Cap Subject program unchanged for 2021.