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Final Rule by DHS Replacing Random H-1B Cap Lottery with Selection Process Based on Wage Levels

On January 7, 2021, the DHS has finalized a regulation that will replace the random, computerized H-1B lottery with a selection process based on the DOL's wage level system.


Under this new regulation, H-1B visa numbers will be allocated according to salary/wage levels - giving priority to those earning the highest salaries in their respective occupations and geographic areas of employment (i.e., priority will be given to wage level 4, 3, 2, and the 1).


The final rule is set to take effect 60 days from publication, in time for the Fiscal Year 2022 cap filing season this March.


However, it is important to note that the new rule may be placed on hold by the incoming Biden Administration as it reviews this and other rules finalized in the last days of the Trump Administration.

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