DHS Proposes Wage-Based Selection Process for H-1B Visas

October 28, 2020

Today, the DHS announced it has forwarded a Notice of Proposed Rulemaking (NPRM) to the Federal Register to change the way new fiscal year H-1B visa petitions will be selected following the registration period. Instead of a random lottery, the USCIS proposes to select registrations based on the highest wages being offered. The DHS announcement stated that “this new selection process would incentivize employers to offer higher wages or petition for positions requiring higher skills and higher-skilled workers instead of using the program to fill relatively lower-paid vacancies.” If implemented, the new rule would apply to both regular and master’s degree cap cases.

Following publication in the Federal Register, there will be a notice and comment period after which the DHS can finalize the new regulation.