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RuleSignificant2021-001832021-01-08

Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions

Homeland Security Department

Abstract

The Department of Homeland Security (DHS or the Department) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement is suspended), by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment.

Action & Dates

Action
Final rule.
Dates
This final rule is effective March 9, 2021.
Effective Date
2021-03-09

CFR References

Topics

Administrative practice and procedureAliensCultural exchange programsEmploymentForeign officialsHealth professionsReporting and recordkeeping requirementsStudents

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Part 214 [CIS No. 2679-21; DHS Docket No. USCIS-2020-0019] RIN 1615-AC61 AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Final rule. SUMMARY: The Department of Homeland Security (DHS or the Department) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement is suspended), by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment. DATES: This final rule is effective March 9, 2021. FOR FURTHER INFORMATION CONTACT: Charles L. Nimick, Chief, Business and Foreign Workers Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240-721-3000 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone numbers above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD). SUPPLEMENTARY INFORMATION: I. Table of Contents I. Table of Contents II. Table of Abbreviations III. Background and Discussion A. Pur

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Full Document

Citation: 86 FR 1676