New USCIS Regulation to Prioritize Highest Paid H-1B Workers is Unlikely to Affect This Year's Cap Filings

Baker Donelson
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Baker Donelson

USCIS has finalized a new regulation that would allocate new cap-subject H-1B petitions to the highest paid workers. It seems likely that President-Elect Biden will extend the effective date from early March by 60 more days, and meanwhile withdraw the regulation. Moreover, if the regulation is not delayed and withdrawn, we believe it is likely to be successfully challenged as lacking a basis in law. Thus, we do not expect this regulation to affect this year's H-1B cap filings. If we learn otherwise, we will keep you updated. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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