DHS Withdraws H-1B Selection Final Rule

December 23, 2021

As of December 22, 2021, the Department of Homeland Security (“DHS”) has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule (“H-1B Selection Final Rule”).

In January 2021, DHS issued the H-1B Selection Final Rule, which would have altered how U.S. Citizenship and Immigration Services selects H-1B visa applicants.  Most notably, the selection process would have prioritized higher wage earners instead of relying on the current lottery-based system.  However, DHS was forced to change course after the court in Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20–cv–07331 (N.D. Cal. March 19, 2021) vacated the H-1B Selection Final Rule in September 2021.

Please see DHS’ final rule here.

 


TAGS: ,

Related News

December 23, 2021

DHS Withdraws H-1B Selection Final Rule

As of December 22, 2021, the Department of Homeland Security (“DHS”) has published a final rule that withdraws the Modification…More


November 12, 2021

USCIS to Change Employment Authorization Policies for Eligible H-4 and L-2 Spouses

On November 10, 2021, the American Immigration Lawyers Association (AILA) and its litigation partners reached a settlement agreement with the…More


August 17, 2021

DHS Designates Haitian Foreign Nationals as Eligible for TPS

The Department of Homeland has designated Haiti for Temporary Protected Status (TPS) for 18 months, effective Aug. 3, 2021, through…More

 
Image Image Image Image