21 Jan

January 2021: USCIS Modifies H-1B Selection Process

Posted at



Update Applicable to:
Any employers looking to utilize the H-1B visa program.

What happened?
U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages.

What are the details?
Previously the H-1b visa program awarded the visa to companies on a lottery basis, where companies would all have a relatively equal chance of winning the award. The new system will instead award the H1b visas with a focus on higher paid wages, making the visas much more competitive in respect to wages.

These rule changes will only affect H-1B registrations (or petitions, if the registration process is suspended) submitted by prospective petitioners seeking to file H-1B cap-subject petitions. It will be implemented for both the H-1B regular cap and the H-1B advanced degree exemption, but it will not change the order of selection between the two as established by the H-1B registration final rule.

The final rule can be found here.

What do employers need to do?
Employers looking to utilize the H-1b visa program should keep in mind the new selection process when submitting petitions for the visa program.


Schedule Your Live Demo

In just 30 minutes you can see what streamlined HR management looks like.


  • MM slash DD slash YYYY
    We will contact you to confirm a time.
  • This field is for validation purposes and should be left unchanged.