The Department of Homeland Security (DHS) released a final rule changing the lottery for H-1B Visas. The ruling affects specialty occupation visas. The proposed selection process bases selection on the individual’s wages, rather than random selection. In other words, Wage Level IV registrations will be prioritized first, then Wage Level III, and so on until the selection process is complete.

This focus on the wage level “will incentivize H-1B employers to offer higher wages, or to petition for positions requiring higher skills and higher-skilled aliens that are commensurate with higher wage levels, to increase the likelihood of selection and eligibility to file an H-1B cap-subject petition,” the DHS stated regarding the measure.

Currently, the rule is scheduled for publication tomorrow, Friday, January 8th. It will take effect 60 days after its publication, which means it will be in effect for the upcoming FY 2022 registration process.

In a statement from President-elect Joe Biden, he said he will work with Congress to reform temporary visas “to establish a wage-based allocation process and establish enforcement mechanisms to ensure they are aligned with the labor market and not used to undermine wages.”

“High skilled temporary visas should not be used to disincentivize recruiting workers already in the U.S. for in-demand occupations,” according to Biden’s immigration platform.

This modification will only apply for H-1B cap-subject petitions. If you are an H-1B petitioner or prospective beneficiary for the upcoming quota, please contact ILBSG for any questions. Our attorneys are experienced with the continuous updates to the immigration process and can assist you or your company in efficiently managing the process.

h1b immigration