Proposal – Replace H-1B lottery with Wage Level

The Department of Homeland Security (DHS) proposing to eliminate the H-1B lottery and replace it with a system where H-1B visas would be rolled out by wage level.

The Current H1B process of random selection to pick highly skilled candidates makes it harder for businesses to plan their hiring. It does not serve the ends of the H-1B program or Congressional intent.

Though the proposal to eliminate the H-1B lottery seems to be a welcome move, however replacing with wage level is a concerning part. 



On October 8th, the Department of Labor implemented a rule to increase the minimum wage levels for H1B, E3, H1B1, and PERM cases in no time and the rule faced multiple lawsuits challenged in the court. As expected, U.S. District Court for the Northern District of California Vacates the Strengthening the H-1B Program Interim Final Rule.

H-1B visas, which offer a path to permanent residency, are capped at 65,000, with another 20,000 reserved for individuals with advanced degrees. 

DHS intends to publish in the Federal Register and go through a 30 day public comment before a final rule. The regulation is expected to be challenged in court.


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