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| DHS/USCIS | RIN: 1615-AD01 | Publication ID: 2026 |
| Title: Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions | |
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Abstract:
DHS is amending its regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B petitions subject to the numerical limitations under INA section 214(g), or the way in which USCIS selects H-1B petitions for any year in which the registration requirement is suspended. Under the rule, all registrations (or petitions, if applicable) would be weighted to generally favor beneficiaries whose proffered wages correspond to higher Occupational Employment and Wage Statistics wage levels. The rule would retain beneficiary-centric selection of registrations. The rule would not affect the order of selection between the regular cap and the advanced degree exemption, and would not alter the prevailing wage level associated with a given position for U.S. Department of Labor purposes. |
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| Agency: Department of Homeland Security(DHS) | Priority: Economically Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: Yes | Unfunded Mandates: No |
| EO 14192 Designation: Fully or Partially Exempt | |
| CFR Citation: 8 CFR 214.2(h) | |
| Legal Authority: 6 U.S.C. 101,111, 112, and 202 8 U.S.C. 1101(a)(15)(H)(i)(b) 1103(a), 1182(n) and (p) 8 U.S.C. 1184(a), (c), (g), and (i) ... | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: YES | Government Levels Affected: Undetermined |
| Small Entities Affected: Businesses, Organizations | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: https://www.regulations.gov | Public Comment URL: https://www.regulations.gov |
| RIN Data Printed in the FR: Yes | |
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Agency Contact: Paul Buono Chief, Business and Foreign Workers Division, Office of Policy and Strategy Department of Homeland Security U.S. Citizenship and Immigration Services 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009 Phone:240 721-3000 |
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