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

Status: In force. The effective date has passed and nothing here records a change to that.

From the published effective date. Nothing here records a court changing it.

• Document number: 2021-00183
• Type: Final Rule
• Published: January 8, 2021
• Effective: March 9, 2021
• Agency: Homeland Security Department

Official 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.

Primary source

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Data updated October 2, 2026