ARTICLE
22 September 2021

Federal Judge Sets Aside H-1B Lottery Prioritization Rule

EG
Envoy Global, Inc.
Contributor
Envoy Global, Inc. logo
Founded in 1998, Envoy is a global immigration services provider offering the only immigration management platform that makes it seamless for companies to hire and manage an international workforce. We combine expert legal representation and proprietary technology to bring efficiency and transparency to the immigration process for employers and employees.
On Sept. 15, 2021, a federal judge set aside a regulation that was scheduled to replace the current H-1B random selection process with a system that would favor individuals with higher salaries.
United States Immigration
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On Sept. 15, 2021, a federal judge set aside a regulation that was scheduled to replace the current H-1B random selection process with a system that would favor individuals with higher salaries.  

Overview 

District Judge Jeffrey White has ruled that Chad Wolf was not lawfully acting as the Acting Secretary of Homeland Security when the Department of Homeland Security (DHS) issued the H-1B lottery prioritization rule earlier this year. Consequently, Judge White vacated the rule.  

Looking Ahead  

The H-1B lottery prioritization rule was scheduled to begin on Dec. 31, 2021 and govern the FY23 H-1B cap season. Based on the recent ruling, it is unlikely that a wage-based selection system will be used for the FY23 H-1B cap season. Current rules are likely to remain in place. Envoy will provide updates as available.

Originally published 20 September 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
22 September 2021

Federal Judge Sets Aside H-1B Lottery Prioritization Rule

United States Immigration
Contributor
Envoy Global, Inc. logo
Founded in 1998, Envoy is a global immigration services provider offering the only immigration management platform that makes it seamless for companies to hire and manage an international workforce. We combine expert legal representation and proprietary technology to bring efficiency and transparency to the immigration process for employers and employees.
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