H-1B Update: Selection Process & Wage Increase Delay
H-1B filing 2021/2022
USCIS has confirmed that the annual quota of 85,000 H-1B cap registrations has been met for the 2022 financial year.
Following closure of the electronic registration period in March, and the visa lottery selection process was completed between March 25 and 30.
The filing window for H-1B cap petitions on behalf of lottery selectees opened on April 1, 2021, and is due to end no earlier than 90 days later, or June 30, 2021.
We are now working with sponsoring employers and visa petitioners with selected registrations to compile full H-1B petitions, including supporting evidence, company documentation and beneficiary educational documents.
At this time, premium processing is being accepted for all eligible application types, but sponsors and petitioners should be aware that USCIS may announce service delays or suspensions with little or no notice, as in prior years.
Delay to Increase in PERM and H-1B Wage Minimums
Proposals to delay the effective date of an increase in the prevailing wage regulations have been put forward by the Department of Labor.
Under the plans, the new date for implementation would be pushed back by 18 months to November 14, 2022. The new wage levels would not then take effect until January 1, 2023.
Published in January 2021, the final rule relates to calculating the prevailing wages of certain immigrants and nonimmigrant workers, including those on the H-1B visa.
The rule has already been subject to postponement from March 15, 2021 to May 14, 2021.
The latest delay is understood to allow agency officials sufficient time to compute and validate prevailing wage data covering specific occupations and geographic areas, complete necessary system modifications and conduct public outreach.
The proposed delay is currently subject to consultation and changes may follow in relation to the final rule provisions and timeframe. the substance and/or implementation schedule of the rule.
US immigration advice
NNU Immigration are a team of London-based US immigration attorneys. We advise employers, entrepreneurs, investors, workers and other non-US nationals on all aspects of travel and settlement in the US, including H-1B petitions, visa sponsorship and NIE waiver applications. Please contact our US immigration specialists for the latest advice for your specific circumstances.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
