Federal Register - January 8, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations TABLE 11HISTORIC NUMBER OF SELECTED PETITIONS BY WAGE LEVEL AND CAP TYPEContinued Regular cap
Advanced degree exemption
Level Selected
% of total
Selected
% of total
Level IV
3,608
4.40
623
2.31
Total
82,900
100
26,930
100
Source: USCIS, Office of Policy and Strategy, Policy Research Division PRD, Claims 3. July 21, 2020 & USCIS Analysis.
Note: Totals are based on 2-year averages of petitions randomly selected in FYs 20192020, Table 11 is replicated from Table 7.
DHS assumes that FY 2021 wage level distribution of registrations will equal the wage level distribution observed in FYs 2019 through 2020 data. DHS
multiplied the percentage of selected
petitions by level from Table 11 to estimate the breakdown of registrations by wage level. For example, DHS
multiplied 145,950 by 4.4 percent to estimate that a total of 6,422
registrations would have been categorized as wage level IV under the regular cap.
TABLE 12CURRENT ESTIMATED NUMBER OF REGISTRATIONS BY WAGE LEVEL AND CAP TYPE
Regular cap Level
Level Level Level Level
Estimated registrations
Advanced degree exemption
% of registrations
Estimated registrations
% of registrations
I & Below
II
III
IV
45,974
78,375
15,179
6,422
31.50
53.70
10.40
4.40
45,588
64,900
9,909
2,847
36.99
52.66
8.04
2.31
Total
145,950
100
123,244
100
Source: USCIS, Office of Policy and Strategy, Policy Research Division PRD, Claims 3. August 31, 2020 & USCIS Analysis Note: Totals are based on FY 2021 data
This final rule will change the H1B
cap selection process, but will leave in place selecting first toward the regular cap and second toward the advanced degree exemption. USCIS now will rank and select the registrations received or petitions, as applicable generally on the basis of the highest OES wage level that the proffered wage equals or exceeds for the relevant SOC code and in the area of intended employment, beginning with OES wage level IV and proceeding in descending order with OES wage levels III, II, and I and below. As a result of the approximated 2-year average from above, DHS displays the projected selection percentages for registrations under the regular cap and advanced degree exemption in Table 13. With the revised selection method based on
corresponding OES wage level and ranking, the approximated average indicates that all registrations with a proffered wage that corresponds to OES
wage level IV or level III will be selected and 58,999, or 75 percent, of the registrations with a proffered wage that corresponds to OES wage level II will be selected toward the regular cap projections. None of the registrations with a proffered wage that corresponds to OES wage level I or below will be selected toward the regular cap projections. For the advanced degree exemption, DHS estimates all registrations with a proffered wage that corresponds to OES wage levels IV and III will be selected and 12,744, or 20
percent, of the registrations with a proffered wage that corresponds to OES
wage level II will be selected. DHS
estimates that none of the registrations with a proffered wage that corresponds to OES wage level I or below will be selected.
DHS is using the approximated 2-year average from above to illustrate the expected distribution of future selected registration percentages by corresponding wage level. However, DHS is unable to quantify the actual outcome because DHS cannot predict the actual number of registrations that will be received at each wage level because employers may change the number of registrations they choose to submit and the wages they offer in response to the changes in this rule.
TABLE 13NEW ESTIMATED NUMBER OF SELECTED REGISTRATIONS BY WAGE LEVEL AND CAP TYPE
Regular cap
tkelley on DSKBCP9HB2PROD with RULES3
Level
Level Level Level Level
Total registrations
Selected registrations
Advanced degree exemption % Selected
Total registrations
Selected registrations
% Selected
I & Below
II
III
IV
45,974
78,375
15,179
6,422
0
58,999
15,179
6,422
0
75
100
100
45,588
64,900
9,909
2,847
0
12,744
9,909
2,847
0
20
100
100
Total
145,950
80,600
123,244
25,500
Source: USCIS, Office of Policy and Strategy, Policy Research Division PRD, Claims 3. August 31, 2020 & USCIS Analysis.
Note: Totals are based on FY 2021 data.
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