H-1B Proposed Rule (NPRM) will change the selection process for cap-subject H-1B petitions


The Department of Homeland Security announced the transmission to the Federal Register of a notice of proposed rulemaking (NPRM) that will impact cap-subject H-1B petitions. The rule is in the proposal stage, not final, and the public can place their comments on the Federal Register website.

The proposed rule changes the selection process from a completely random, in the form of a lottery, to making it such that the USCIS would select petitions based on the higher wage-rates that are being paid to workers – says Ryan Sevcik, an immigration lawyer with Koley Jessen law firm in Omaha, Nebraska.

  • How to understand the new proposed rule?
  • When does it go in effect?
  • How does this proposed rule (NPRM) differ from the interim final rule (IFR)?
  • What is the future of H-1B category?
  • What should applicants do?

Note: At the time of this interview recording on Friday, October 30, the comment period was scheduled to start on Monday, November 2, 2020. That has changed. Public can now place comments on the Federal Register website for 32 days, starting October 31. Also, the information provided here or in the video is not intended to be legal advice. Viewers should contact a qualified immigration attorney to obtain legal advice on their issue or problem.

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October 31, 2020

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