United States: Status Quo for H-1B Cap Season

In brief

The USCIS announced Thursday evening that the proposed regulation that would change the H-1B Cap system from "lottery" to "wage-based" has been delayed until 31 December 2021. It remains to be seen whether this regulation will survive potential litigation, but for now, it is business as usual for this year's H-1B cap.


Was (Trump Administration)

Is (Biden Administration)

Effective Date of Change


News you can use

Federal regulation intended to change "random" annual H-1B lottery to "wage" based criteria - making lower level wage jobs almost certainly ineligible for selection

Under review

Effective date pushed to 12/31/21

Nonimmigrant visa

Business as usual - the historical "lottery" system will remain for 2021.


The USCIS' announcement regarding the H-1B Cap Registration process is expected to be imminent.

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