USCIS Submits Proposed Rule for H1B Weighted Selection Process

Recently, the U.S. Citizenship and Immigration Services (USCIS) submitted a proposed rule to the Office of Management and Budget (OMB), titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” While the text of the proposed rule has not yet been released, the proposal could potentially replace the current random H1B lottery system with a wage-based selection process. Still, the rule remains in the early stages of the regulatory process and may take months or longer to finalize, if it becomes final at all.

Potential Similarities to Withdrawn Rule

While the exact contents remain unknown, the proposal may take elements from a rule Trump unsuccessfully attempted to implement during his first term in office. That rule would have ranked H1B petitions by wage level, which likely would have resulted in only H1B cap cases filed for people in more senior positions being selected. Such a rule likely would have been especially impactful to recent graduates, who typically are offered lower leveled wages commensurate with their experience.

Conclusion

While this proposed rule signals potential changes to H-1B selection, it represents only the beginning of a lengthy regulatory process. Without access to the actual rule text and given the multiple steps required for finalization, it remains uncertain whether, when, or in what form these changes might be implemented. The Murthy Law Firm will continue to monitor developments as more information becomes available.

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