Rule Seeking to Tie H-1B Cap Allotments to Wages Withdrawn

Homeland Security

What Is the H-1B Selection Final Rule?

The U.S. Department of Homeland Security has officially withdrawn the “H-1B Selection Final Rule”. This withdrawal comes after a U.S. District Court vacated the rule on September 15 in a lawsuit brought by the U.S. Chamber of Commerce.

The final rule was issued on January 8, 2021 and aimed to give priority in the H-1B cap visa selection to applications that offered the highest wage level in a given occupation category and geographical area. Currently, H-1B visas are given based on a random lottery system.

The final rule was one of the last rules instituted by former President Donald Trump’s administration. Opponents of the rule believed that the rule would have had a devastating impact on smaller businesses and industries that rely on foreign highly skilled workers, but could not afford to pay them at the highest wage level.

Had the rule not been withdrawn, it would have gone into effect for the next H-1B visa selection season which starts on October 1, 2022.

To read the entire final rule, visit: https://www.federalregister.gov/documents/2021/12/22/2021-27714/modification-of-registration-requirement-for-petitioners-seeking-to-file-cap-subject-h-1b-petitions

To connect with the immigration attorneys at The Gillispie Law Firm call (571) 200-1556 or contact us online to schedule an initial consultation. Offering legal services in English and French.

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