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  • Emily McIntosh

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.


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