Key Points
- The DHS has withdrawn the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule
- The H-1B Selection Final Rule was issued on January 8, 2021, and vacated on September 15, 2021
- The final rule would have changed the H-1B cap lottery selection process to prioritize petitions with higher prevailing wages
Overview
The Department of Homeland Security (DHS) has issued a final rule withdrawing the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, also called the H-1B Selection Final Rule.
The H-1B Selection Final Rule was issued on January 8, 2021. It was later vacated on September 15, 2021, in Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al. by the US District Court for the Northern District of California. The final rule would have changed the H-1B cap lottery selection process from a random selection process to prioritizing H-1B cap-subject petitions with higher prevailing wages.
Looking Ahead
For additional information, please see the final rule in the Federal Register.
Source: Federal Register
