Skip to Content

New H-1B Lottery Changes will NOT Go Into Effect for This Year’s H-1B Lottery

Today DHS issued a final rule which will be published in the Federal Register on February 8th that delays the effective date of H-1B lottery changes. The H-1B lottery changes were supposed to be in effect just in time for this year’s H-1B lottery, but DHS has now changed that. The rule, had it gone into effect this upcoming H-1B lottery, would have drastically changed the current random H-1B lottery system and would have distributed new H-1B visas based on the wage level of the salary offer, with visas ultimately going to the highest bidder.

The final rule states:

The Department is delaying the rule’s effective date until December 31, 2021, because USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff, and conduct public outreach needed to ensure an effective and orderly implementation of the H- 1B Selection Final Rule by the time the initial registration period will be open for the upcoming fiscal year (FY) 2022 H-1B cap season. During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate the January 8th rule and its associated policies, as is typical of agencies at the beginning of a new Administration.

To view the final rule, click here: