Federal Register - January 8, 2021
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Source: Federal Register
1720
Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations
OES wage level or utilize the OES
program as the prevailing wage source on an LCA. While there are limitations
to the data used, DHS believes that the estimates are helpful to see the current
wage levels and estimate the future populations in each wage level.
TABLE 6SELECTED PETITIONS BY WAGE LEVEL FY 2019FY 2020
Level I
Level II
Level III
Level IV
N/A
Total
Advanced Degree Exemption:
FY 2019
FY 2020
7,363
7,453
13,895
14,467
2,016
2,311
553
694
3,593
1,515
27,420
26,440
Total
2-Year Average
14,816
7,408
28,362
14,181
4,327
2,164
1,247
623
5,108
2,554
53,860
26,930
Regular Cap:
FY 2019
FY 2020
18,557
19,232
42,621
46,439
8,447
8,796
3,540
3,677
9,791
4,699
82,956
82,843
Total
2-Year Average
37,789
18,895
89,060
44,530
17,243
8,622
7,217
3,608
14,490
7,245
165,799
82,900
Source: USCIS, Office of Policy and Strategy, Policy Research Division PRD, Claims 3. July 21, 2020 & USCIS Analysis.
DHS has OES wage level data only on the petitions that were selected toward the numerical allocations and does not have the wage level break down for the 85,725 183 44 percent of petitions that were not selected since those petitions were returned to petitioners without
entering data into DHS databases. Due to data limitations, DHS estimated the wage level break down for the 44
percent of petitions that were not selected because wage levels vary significantly between occupations and localities. Table 7 shows the 2-year
approximated average of H1B capsubject petitions that were selected, separated by OES wage level, and percentages of accepted petitions by each wage category. The wage category with the most petitions, as estimated, is OES wage level II.
TABLE 7CURRENT ESTIMATED NUMBER OF SELECTED PETITIONS BY WAGE LEVEL AND CAP TYPE FY 2019FY 2020
Regular cap
Advanced degree exemption
Level Selected Level Level Level Level
% of total
Selected
% of total
I & N/A
II
III
IV
26,140
44,530
8,622
3,608
31.50
53.70
10.40
4.40
9,962
14,181
2,164
623
36.99
52.66
8.04
2.31
Total
82,900
100
26,930
100
tkelley on DSKBCP9HB2PROD with RULES3
Source: USCIS, Office of Policy and Strategy, Policy Research Division PRD, Claims 3. July 21, 2020 & USCIS Analysis
ii. FY 2021 Data 184
The population affected by this final rule consists of prospective petitioners seeking to file H1B cap-subject petitions, including those eligible for the advanced degree exemption. DHS
regulations require all petitioners seeking to file H1B cap-subject petitions to first electronically submit a registration for each beneficiary on whose behalf they seek to file an H1B
cap-subject petition, unless USCIS
suspends the registration requirement.185 A prospective petitioner whose registration is selected is eligible to file an H1B cap-subject petition for the beneficiary named in the selected
registration during the associated filing period.186 Under the current H1B
registration selection process, USCIS
first randomly selects registrations submitted on behalf of all beneficiaries, including those eligible for the advanced degree exemption.187 USCIS
then randomly selects from the remaining registrations a sufficient number projected as needed to reach the advanced degree exemption.188 Prior to the implementation of the H1B
registration requirement for the FY 2021
H1B cap selection process, petitioners submitted an annual average of 211,797
cap-subject H1B petitions over FYs 2016 through 2020. The number of
registrations submitted for the FY 2021
H1B cap selection process, however, was 274,237. Because the number of registrations submitted for the FY 2021
H1B cap selection process was significantly higher than the number of petitions submitted in prior years, DHS
will use the total number of registrations submitted for the FY 2021 H1B cap selection process as the population to estimate certain costs for this final rule.189 There were many factors that led to an increased number of registrations for FY 2021; one possible factor is that the cost and burden to submit the registration is less than the
183 Calculation: 195,555 2-year average of Total Number of H1B Cap-Subject Petitions received in FYs 20192020 109,830 2-year average of Petitions Randomly Selected in FYs 20192020 =
85,725
184 FY 2021 data pertains to the registrations received during FY 2020 for the FY 2021 H1B cap season.
185 See 8 CFR 214.2h8iiiA.
186 See 8 CFR 214.2h8iiiD.
187 See 8 CFR 214.2h8iiiA5.
188 See 8 CFR 214.2h8iiiA6.
189 DHS uses FY 2021 H1B cap selection data as the population to estimate certain costs for this final rule because FY 2021 is the first year that registration was required. As explained above, DHS
added the registration requirement on April 19, 2019, but the registration requirement was suspended for the FY 2020 H1B cap.
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