On Sept. 15, 2021, a federal judge set aside a regulation that
was scheduled to replace the current H-1B random selection
process with a system that would favor individuals with
higher salaries.
Overview
District Judge Jeffrey White has ruled that Chad Wolf was not
lawfully acting as the Acting Secretary of Homeland Security when
the Department of Homeland Security (DHS) issued the H-1B lottery
prioritization rule earlier this year. Consequently, Judge
White vacated the rule.
Looking Ahead
The H-1B lottery prioritization rule was scheduled to begin on
Dec. 31, 2021 and govern the FY23 H-1B cap season. Based
on the recent ruling, it is unlikely that a wage-based selection
system will be used for the FY23 H-1B cap season. Current rules are
likely to remain in place. Envoy will provide updates as
available.
