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.  


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

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