US H-1B visa selection criteria to remain lottery-based, change proposal withdrawn

Good news for Indians who are planning to go to the United States. In a new development, the US is reportedly going to stick with the old H-1B visa process as per the US Citizenship and Immigration Services (USCIS). A final rule to this effect will be published in the Federal Register on Wednesday.

In January, the US had proposed to modify H-1B visa rules on how applicants are selected, moving away from a lottery-based system to a selection based on ranking and wage levels. It was supposed to take effect on March 9 this year.

The decision by the Department of Homeland Security came after the US District Court for the Northern District of California vacated the rule in September. The former Donald Trump administration on January 8, 2021, published a regulation to end the H-1B visa lottery-based system. Instead they wanted to replace it with a system that awards H-1B visas by highest to lowest salary.

The present norm is that when companies file more H-1B visa applications than the annual limit of 85,000 which includes 65,000 plus a 20,000 exemption for advance degree holders from US universities, the USCIS uses the lottery system.

It may be noted that the US Citizenship and Immigration Services (USCIS) received more than 300,000 H-1B registrations for FY 2022. Several industry bodies and companies had opposed the proposal. The US Chamber of Commerce and others had also filed lawsuits against the proposed rule, which resulted in the court verdict, a media report said.