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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations
TABLE 9SUMMARY OF ESTIMATED AVERAGE NUMBER OF PETITIONS/REGISTRATIONS SUBMITTED ANNUALLY BY TYPE OF
FILERContinued Affected population
Estimated average population affected
Number of petitions/
registrations submitted by HR specialists
Number of petitions/
registrations submitted by in-house lawyers
Number of petitions/
registrations submitted by outsourced lawyers
A

B = A 20%

C = A 26%

D = A 54%

Estimated number of H1B registrations selected to file H1B cap petitions annually

106,100

21,220

27,586

57,294

Source: USCIS analysis.

Based on the total estimated number of affected populations shown in Table 9, DHS further estimates the number of entities that will be affected by each requirement of this final rule to estimate the costs arising from the regulatory changes in the cost-benefit analysis section. Additionally, DHS uses the same proportion of HR specialists, inhouse lawyers, and outsourced lawyers 20, 26, and 54 percent, respectively to estimate the population that will be affected by the various requirements of this final rule.
iii. Unquantified Costs & Benefits Given that the demand for H1B capsubject visas, including those filed for the advanced degree exemption, frequently has exceeded the annual H
1B numerical allocations, this final rule will increase the chance of selection for registrations or petitions, if registration were suspended seeking to employ
beneficiaries at level IV or level III
wages. DHS believes this incentive for petitioners to offer wages that maximize their probability of selection is necessary to address the risk that greater numbers of U.S. employers could rely on the program to access relatively lower-cost labor, precluding other employers from benefitting from the H
1B programs intended purpose of providing high-skilled nonimmigrant labor to supplement domestic labor.
This final rule could result in higher proffered wages or a reduction in the downward pressure on wages in industries and occupations with concentrations of relatively lower-paid H1B workers. Additionally, this final rule may lead to an increase in employment opportunities for unemployed or underemployed U.S.
workers seeking employment in positions otherwise offered to H1B

cap-subject beneficiaries at wage levels corresponding to lower wage positions.
Employers that offer H1B workers wages that correspond with level IV or level III OES wages will have higher chances of selection.
For the FY 2021 H1B cap selection process, USCIS initially selected 106,100 39 percent 195 of H1B
registrations submitted toward the numerical allocations; of those 80,600
were selected toward the number projected as needed to reach the regular cap, and 25,500 were selected toward the number projected as needed to reach the advanced degree exemption. The total number of H1B registrations submitted was 274,237; however, 5,043
were invalid. Of the 269,194 valid registrations, 145,950 were submitted toward the regular cap and 123,244
were eligible for selection under the advanced degree exemption.

TABLE 10H1B CAP-SUBJECT REGISTRATIONS SUBMITTED FOR FY 2021
Total number of valid H1B registrations submitted
Fiscal year
Advanced degree exemption
Regular cap
2021

269,194

145,950

123,244

Total

269,194

145,950

123,244

Source: USCIS, Office of Policy and Strategy, Policy Research Division PRD, Claims 3. August 31, 2020 & USCIS & Analysis.
Note: The total number of registrations in this table does not equal 274,237 because 5,043 of the registrations were invalid.

DHS estimated the wage level distribution for FY 2021 based on the average distribution observed in FYs 2019 and 2020. At the time of analysis, the wage level data was unavailable for
FY 2021 because the petition filing process was ongoing. Table 11 displays the historic 2-year FY 2019 and FY
2020 approximated average of H1B
cap-subject petitions that were selected,
separated by OES wage level, and percentages of selected petitions by each wage category.

TABLE 11HISTORIC NUMBER OF SELECTED PETITIONS BY WAGE LEVEL AND CAP TYPE
Regular cap
Advanced degree exemption
Level tkelley on DSKBCP9HB2PROD with RULES3

Selected Level I & Below
Level II
Level III

% of total
26,140
44,530
8,622

31.50
53.70
10.40

195 Calculation: 106,100 Registrations Randomly Selected/274,237 Total Number of H1B CapSubject registrations Filed in 2020 = 39%.

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Selected 9,962
14,181
2,164

% of total 36.99
52.66
8.04