Homeland Security Delays Effective Date of H-1B Selection Final Rule

“The delay will also provide more time for the USCIS to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule,” said the Department of Homeland Security (DHS).


By N24 Correspondent, WASHINGTON DC:- The United States Immigration and Citizenship Services (USCIS) announced the H-1B Selection final rule on January 7, 2021, amending the regulations that would govern the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions.

According to a Department of Homeland Security (DHS) statement, to give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process, DHS is delaying the effective date of this final rule from March 9, 2021 to December 31, 2021.

“The delay will also provide more time for the USCIS to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule,” said the DHS.

For the upcoming H-1B cap season, USCIS will apply the current regulations (random selection) to any registration period that takes place before December 31, 2021.

The DHS has urged to visit the Federal Register notice site for additional information on the delayed effective date.


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