H-1b Lottery Will Not Change This Year, Wage Based System is Delayed

USCIS just announced that the Trump regulation that changes the H-1b lottery system to really a wage based allocation system (giving the highest wage earners in each occupation first preference) will be delayed until the end of the year, and not take effect until next year’s H-1b Cap season.

HERE IS A LINK TO USCIS’ ANNOUNCMENT DELAYING THE WAGE-BASED H-1B RULE

This is great news, since the wage based allocation system will really hurt entry level professionals, and make it really difficult for recent graduates to obtain H-1b visas.

NEW H-1b RULE MAY GO INTO EFFECT IN 2022 

The part of this announcement I do not like is that it suggest that USCIS will be adopting this rule in 2022. Hopefully, USCIS will look into it further and make further changes to it throughout the year now that they have much more time (repeal it or propose modified wage-based rule).

For any employee (or employer seeking to obtain a H-1b visa for a employee) who is making a level 1 or level 2 wage it is imperative to enter the H-1b lottery this year, since this may be the last year that entry level professionals (in terms of their wage levels) have the same chance of winning the lottery as those who are paid at the high end of the scale.

COST TO REGISTER IN THE LOTTERY – IMPORTANCE TO ENTRY LEVEL EMPLOYEES

Remember, the cost of entering the lottery is relatively low, since the entire application does not need to be prepared unless a person wins the lottery. We charge $410 to register an employee for the lottery. A low investment for a huge benefit if the person wins the lottery. If you have questions or need our counsel for this year’s H-1b lottery, contact us at 303-872-6985, or reach out to us on one of our contact forms on the site.