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DHS Issues Final Rule to Modify H-1B Lottery and Prioritize Higher Salaries | Williams Mullen

On January 8 th, the U.S. Department of Homeland Security published a final rule which will modify the H-1B lottery system. The final rule will prioritize H-1B petitions that offer Level IV wages based on the Department of Labor’s Occupational Employment Statistics (OES) four-level wage system. This final rule will go into effect in 60 days if not rescinded by the Biden administration and will apply to new H-1B cap-subject petitions this H-1B season. Under this final rule, H-1B cap-subject petitions will be selected by giving priority to those with the highest OES prevailing wage levels, starting with level IV, and then continue in descending order to wage levels III, II and I. This change is aimed at incentivizing employers to offer higher wages to H-1B employees. Level IV wages, generally reserved for highly experienced employees, represent the 75

New Regulation Replaces H-1B Random Selection with Wage-Based Selection | Miles & Stockbridge P C

To embed, copy and paste the code into your website or blog: On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random selection process would be replaced with a system that gives priority to workers whose offered salary is in the highest wage levels for their occupation and geographic location. The new rule will go into effect 60 days after publication March 9, 2021 and U.S. Citizenship and Immigration Services (“USCIS”) intends to use the new system for the upcoming FY2022 lottery to be conducted in late March or early April 2021. However, the new rule is likely to be challenged in court and changes in the White House and Congress may delay or cancel its implementation.

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