Synopsis
The US Department of Homeland Security has published a final rule in the Federal Register to make changes to the H-1B visa process, a move that will impact how the visa lottery is carried out in March this year.
Agencies
The US Department of Homeland Security has published a final rule in the Federal Register to make changes to the H-1B visa process, a move that will impact how the visa lottery is carried out in March this year. The rule replaces the random selection process with a wage-based selection process. However, lawyers said that President Elect Joe Biden could rescind or delay the implementation of the rule. As per the new rule, applications would be selected based on ‘the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment.’ The rule would be effective within 60 days of publication.