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USCIS Issues Final Rule on H-1B Cap Visa Selection Process

DHS Final Rules Includes Procedures IF the Registration Process is Suspended

The Trump Administration has continued efforts to contravene legislative process and enact measures on immigration to bend it to their will. The USCIS issued the Final Rules on the H-1B Cap registration process that included a provision defining a process for allocating H-1B visas in an instance where the electronic registration process is suspended. That process would enable the USCIS to provide preference for the issuance of H-1B visas to those beneficiaries with the highest proffered wages for their occupation and geographic area.

This rule is another blatant attempt by the Trump Administration to engage in rulemaking through bureaucratic maneuvers. It would have been clearly the intent of the Trump Administration to have suspended the electronic registration process and used this rule to issue H-1B visas based on wages.

The incoming Biden administration has not clarified its intent on H-1B visas. The nominated U.S. Department of Homeland Security Secretary, Mr. Alejandro Mayorkas, was previously the Director of USCIS. Under his direction, rules on H-1B visas were made stricter. Consequently, it is unclear whether the Biden Administration will keep this rule in place or revert to the earlier process.

We will monitor this issue and update our clients as more information becomes available.

Please feel free to contact USILAW with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at

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