US delays H-1B selection final rule till December

The US  department of homeland security (DHS) has delayed the implementation of proposed changes to the H-1B registration system and selection process until December 31, 2021 to give  to give US citizenship and immigration services (USCIS) more time to “develop, test, and implement the modifications”. The delay is also supposed to provide more time for the immigration agency to train its staff and give stakeholders time to adjust to the new rule. “For the upcoming H-1B cap season, USCIS will apply the current regulations (random selection) to any registration period that takes place before Dec. 31, 2021,” the immigration agency said in a statement.

While announcing the amendments to H-1B cap selection process in January, the USCIS had said that it will incentivise employers to offer higher salaries, petition for higher-skilled positions, and remain globally competitive. Joseph Edlow, the USCIS deputy director for policy under Trump administration, had said that the lottery system has failed to “leverage the program to compete for the best and brightest international workforce”, resulting in an influx of foreign workers for low-wage positions at the expense of American workers. “The H-1B temporary visa program has been exploited and abused by employers primarily seeking to fill entry-level positions and reduce overall business costs,” Edlow had said.

The delay has been announced days after the department of labor (DOL) postponed the implementation of final wages rule until May 14, 2021. The department said that the proposed delay will “allow agency officials the opportunity to review any questions of fact, law, or policy, the rule may raise”. The final wages rule would have forced American companies seeking H-1B, H-1B1 or E-3 visas for foreign workers to offer the same, or higher, wages as their local counterparts.