H-1B Salary Based Selection Process Final Rule is Officially Withdrawn

United States Citizenship and Immigration Services (“USCIS”) has announced that the January 2021 final rule modifying the H-1B selection process has officially been withdrawn by The Department of Homeland Security (“DHS”). This rule would have eliminated the random selection process known as the H-1B visa lottery, and replaced it with a process prioritizing those foreign nationals who are offered the highest salaries relative to their occupation and geographic area according to the Department of Labor’s (“DOL”) prevailing wage system.

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DHS Publishes Final Rule to Eliminate H-1B Visa Lottery and Adjudicate H-1B Petitions Based on Highest Salary

US Citizenship & Immigration Services (USCIS) announced the publication of a final rule this week that will “modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.” This final rule will end the H-1B visa lottery and instead allow USCIS to adjudicate H-1B petitions based on registrations starting with the highest salary level and going down, as Stuart Anderson explains in Forbes.

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