DHS Final Rule Withdrawing H-1B Wage-Based Selection Rule

On December 22, 2021, the Department of Homeland Security (DHS) published a final rule withdrawing the H-1B “Wage-Based Selection Rule.” In its final days, the Trump Administration had used midnight rulemaking to issue a controversial rule, which would have dramatically changed the H-1B registration selection process. The rule was scheduled to go into effect on March 9, 2021 and would have replaced the current random selection process (‘the lottery’) with one that is wage-based, favoring higher-paying positions.

On February 8, 2021, the Biden Administration delayed the effective date of the Wage-Based Selection Rule until December 31, 2021. A federal district court subsequently vacated the rule and remanded the matter to DHS on September 15, 2021. The Wage-Based Selection Rule was finally laid to rest when it was withdrawn by the DHS on December 22, 2021. As a result, the upcoming FY2023 H-1B lottery will continue to use the random selection process used in years past.

Please contact our office if you have questions about the H-1B lottery process.