DHS Issues Final H-1B Lottery Wage Rule

The Department of Homeland Security (DHS) has issued the final rule that will replace the randomized H-1B lottery selection with a process that prioritizes higher salary levels for those in their respective occupations and geographic locations of employment. The allocation of the H-1B quota would be based on the Department of Labor’s OES Prevailing Wage levels (1 being the lowest, 4 being the highest). These wage levels vary based on the geographic area in which the employee will work.

The rule is set to take effect 60 days from publication, which is March 9, 2021, in time for the Fiscal Year 2022 H-1B Registration. However, the incoming Biden administration has indicated they may put all rules published within the last 60 days on hold, which would include this rule. Any updates will be posted.