USCIS has finalized a controversial rule which would modify the registration and selection process for H-1B cap-subject petition. The final rule is slated to go into effect March 9, 2021, after President-elect Biden has taken office.
USCIS intends to modify the H-1B selection process in order to make it less likely that low-wage positions will be filled by favoring higher wage positions. According to the final rule:
When applicable, USCIS will rank and select the registrations received generally on the basis of the highest OES wage level that the proffered wage equals or exceeds for the relevant SOC code in the area of intended employment, beginning with OES wage level IV and proceeding in descending order with OES wage levels III, II, and I.
This rule will likely be challenged in the courts and may be postponed or not implemented at all depending on future changes.
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