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Rules and Regulations
Federal Register Vol. 86, No. 24
Monday, February 8, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 214
CIS No. 268021; Docket No: USCIS 2020
0019
RIN 1615AC61

Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H1B Petitions;
Delay of Effective Date U.S. Citizenship and Immigration Services USCIS, U.S.
Department of Homeland Security DHS.
ACTION: Final rule; delay of effective date; request for comments.
AGENCY:

On January 8, 2021, DHS
published a final rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H1B
Petitions H1B Selection Final Rule amending regulations governing the process by which U.S. Citizenship and Immigration Services USCIS selects H1B registrations for the filing of H1B
cap-subject petitions or H1B 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 areas of intended employment.
The Department is delaying the rules effective date until December 31, 2021, because USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff, and conduct public outreach needed to ensure an effective and orderly implementation of the H1B
Selection Final Rule by the time the initial registration period will be open for the upcoming fiscal year FY 2022
H1B cap season. During the delay, while USCIS works through the issues
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SUMMARY:

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associated with implementation, DHS
leadership will also evaluate the January 8th rule and its associated policies, as is typical of agencies at the beginning of a new Administration.
DATES: As of February 8, 2021, the effective date of the final rule published January 8, 2021, at 86 FR 1676, is delayed to December 31, 2021. DHS is accepting public comments on this delay until March 10, 2021.
ADDRESSES: You may submit comments on the entirety of this final rule package, identified by DHS Docket No. USCIS
20200019, through the Federal eRulemaking Portal: http
www.regulations.gov. Follow the website instructions for submitting comments. Comments submitted in a manner other than the one listed above, including emails or letters sent to DHS
or USCIS officials, will not be considered comments on this final rule and may not receive a response from DHS. Please note that DHS and USCIS
cannot accept any comments that are hand-delivered or couriered. In addition, USCIS cannot accept comments contained on any form of digital media storage devices, such as CDs/DVDs and USB drives. Due to COVID19, USCIS is also not accepting mailed comments at this time. If you cannot submit your comment by using http www.regulations.gov, please contact Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security, by telephone at 2407213000 for alternate instructions.
FOR FURTHER INFORMATION CONTACT:
Charles L. Nimick, Chief, Business and Foreign Workers Division, U.S.
Citizenship and Immigration Services, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240721
3000 this is not a toll-free number.
Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 18778895627 TTYTDD.
SUPPLEMENTARY INFORMATION:
I. Public Participation DHS invites all interested parties to participate in this rulemaking by submitting written data, views, comments, and arguments on all aspects of this final rule. DHS also invites
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comments that relate to the economic, environmental, or federalism effects that might result from this final rule.
Comments must be submitted in English, or an English translation must be provided. Comments that will provide the most assistance to DHS in implementing these changes will:
reference a specific portion of the final rule; explain the reason for any recommended change; and include data, information, or authority that supports such a recommended change.
Comments submitted in a manner other than those listed in the ADDRESSES
section, including emails or letters sent to DHS or USCIS officials, will not be considered comments on the final rule.
Please note that DHS and USCIS cannot accept any comments that are handdelivered or couriered. In addition, USCIS cannot accept mailed comments contained on any form of digital media storage devices, such as CDs/DVDs and USB drives.
Instructions: If you submit a comment, you must include the agency name U.S. Citizenship and Immigration Services and the DHS Docket No.
USCIS20200019 for this rulemaking.
Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary public comment submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy and Security Notice available at http
www.regulations.gov.
Docket: For access to the docket and to read background documents or comments received, go to http
www.regulations.gov, referencing DHS
Docket No. USCIS20200019. You may also sign up for email alerts on the online docket to be notified when comments are posted or a final rule is published.

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