USCIS withdraws rule to award H-1B visa based on higher wages

The Department of Homeland Security (DHS), the body that oversees USCIS, announced on Dec 21 that it is withdrawing the rule that would have allowed USCIS to award H-1B based on higher wages.


The rule was introduced in January 08, 2021 under the Trump administration but in February, 2021 the implementation was delayed until December 31, 2021.


The DHS has now published a final rule that withdraws this modification called H-1B Selection Final Rule altogether.


So, how would H-1B selection happen during the cap season next year?

The H-1B selection will remain the same as it has for the last two year - random selection based on a lottery.


To read more about the process, you can read this article on how the H-1B lottery selection and petition works.





 

The information contained here is meant to be informational, and while WayLit has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.





261 views0 comments