USCIS Issues Final Rule on H-1B Cap Visa Selection Process
DHS Final Rules Includes Procedures IF the Registration Process is Suspended
The Trump Administration has continued efforts to contravene legislative
process and enact measures on immigration to bend it to their will. The
USCIS issued the Final Rules on the H-1B Cap registration process that
included a provision defining a process for allocating H-1B visas in an
instance where the electronic registration process is suspended. That
process would enable the USCIS to provide preference for the issuance
of H-1B visas to those beneficiaries with the highest proffered wages
for their occupation and geographic area.
This rule is another blatant attempt by the Trump Administration to engage
in rulemaking through bureaucratic maneuvers. It would have been clearly
the intent of the Trump Administration to have suspended the electronic
registration process and used this rule to issue H-1B visas based on wages.
The incoming Biden administration has not clarified its intent on H-1B
visas. The nominated U.S. Department of Homeland Security Secretary, Mr.
Alejandro Mayorkas, was previously the Director of USCIS. Under his direction,
rules on H-1B visas were made stricter. Consequently, it is unclear whether
the Biden Administration will keep this rule in place or revert to the
We will monitor this issue and update our clients as more information becomes
Please feel free to contact USILAW with any questions or issues that you
may have. You may reach us via telephone at +1 (202) 618 4540 or via email