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.



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