U.S. Citizenship and Immigration Services (USCIS) will soon propose a regulation to replace the annual H-1B lottery with a new selection process based on wage level.

Key Points:

  • USCIS posted the text of the proposal late Wednesday and will officially publish a Notice of Proposed Rulemaking in the Federal Register in the coming days.
  • The regulation, if finalized in its current form, would prioritize selection of H-1B registrations based on the wage level (e.g., Level 4) the petitioning employer will pay the beneficiary.
  • The agency will accept comments for 30 days on the proposed rule, and for 60 days on the proposed information collection.

BAL Analysis: The Department of Homeland Security and Department of Labor issued significant H-1B regulations earlier this month that are now subject to litigation. Several factors, including expected litigation and the upcoming election, will dictate the likelihood that the regulation is in place prior to next year’s H-1B registration process. BAL is continuing to review the proposal and will provide additional analysis and updates.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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