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  • Writer's pictureIKS ESQ. LLC.

Biden Administration impacts DHS Memorandum Strengthening H-1B Final rule and upcoming H-1B Cap

As part of the sweeping changes that are being pushed forward by the newly instated Biden Administration, there has been actions taken to reverse many Trump Era Anti Immigrant Policies.

Ron Klain, The President's Chief of Staff has issued a memorandum advising a freeze to new regulation and review of any last minute trump administration policy actions. "all rules pending at the Federal Register that have not been published must be immediately withdrawn [and] agencies must consider postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the date of this memorandum."


Under the Proposed rule by the Trump Administration, USCIS would first select registrations based on the highest OES prevailing wage level that the offered wage equals or exceeds for the relevant SOC code and areas of intended employment. This rule will go into effect 60 days after publication in the Federal Register. The Strengthening the H-1B Nonimmigrant Visa Classification Program Final Rule sent to the Federal Register on January 15, but not yet published, will be withdrawn under Mr. Klain memorandum.

The H1B Wage Based Selection for the upcoming Cap will be frozen until at least March 21, 2021, making it not applicable for the current season. H-1B Cap registration is between March 1 to March 20, 2021. The presumption is the period is will be the same as last year.

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