Rule Withdrawn Rather than Significantly Alter H1B Lottery Process

The U.S. Department of Homeland Security (DHS) has withdrawn a final rule promulgated during the final days of the Trump Administration, which would have replaced the H1B lottery registration system with one that prioritizes cases filed based on wage level. The withdrawal comes after several months of litigation and following a court order vacating the final rule.

Rule Set Aside by Court

Rather than randomly selecting registrations, the final rule would have required the U.S. Citizenship and Immigration Services (USCIS) to rank registrations based on wage levels. Various parties, including the U.S. Chamber of Commerce, challenged the rule in federal court. The federal district court that heard the case agreed that the rule had not been properly issued and set the rule aside in September 2021. Rather than appealing the court’s decision, the Biden Administration agreed to withdraw the rule.


The fiscal year 2023 lottery system is expected to proceed using the same H1B registration system that has been in place for the past two years. As soon as more specifics are released by the USCIS regarding the upcoming registration, details will be posted on MurthyDotCom.


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