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February 10 2021

USCIS Announces Initial Registration Period for New H-1B Visas. Random H-1B Cap Selection Process to be Administered.

On February 5, 2021, USCIS announced that the initial H-1B cap registration for new
visas will be from Tuesday, March 9, 2021 through Thursday, March 25, 2021.
USCIS will administer its usual random, computer-generated H-1B selection process. It
delayed the effective date of the Trump H-1B wage-based selection rule to December
31, 2021.

The Trump rule had originally been scheduled to take effect on March 9 and would
replace USCIS’ random, computer-generated H-1B cap lottery with a system that
prioritizes H-1B selections for foreign nationals whose offered salary falls within the
highest of the US Department of Labor’s four-level Occupational Employment Statistics
(OES) wage system for the relevant occupational classification and area(s) of intended

This announcement follows a January 21 executive order issued by the Biden
Administration, requesting that federal agencies consider postponing the effective dates
of any published rules that have not yet taken effect.