Wage-Based Selection Process for H-1B Has Been Vacated

Update 12/21/2021

Official statement from USCIS regarding its decision to withdraw the H-1B selection final rule which would have changed the way H-1B registrations are selected by prioritizing those with high wages.

Update 12/10/2021

The Biden Administration will no longer defend this Trump-era rule that prioritizes H-1B lottery selection to those with high salaries. See the article “H-1B Visa Rule About to Die For Good”.

Original Post 09/16/2021

On September 15, 2021, the U.S. District Court for the Northern District of California concluded that January 8, 2021, DHS final rule entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions” must be set aside, because Chad Wolf was not lawfully appointed as Acting DHS Secretary at the time that DHS promulgated the rule.

Related posts:

  1. Final Rule Creating a Wage-Based H-1B Lottery Delayed Until 12/31/2021
  2. Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject Petition