DHS Proposes Overhaul of H-1B Cap Selection Process Based on Wage Level

The Department of Homeland Security (DHS) released an advanced copy of a proposed regulation that would overhaul how USCIS selects who can file H-1B petitions in the annual H-1B Cap filing lottery. Currently USCIS uses a random computerized selection process of all online H-1B registrations, and the proposed rule seeks to replace this with a selection system based on the Department of Labor’s wage levels. The proposed rule would prioritize selection of petitions for employers who are paying the highest prevailing wage levels (Level 4) for their occupation and geographic area.

AILA President Jennifer Minear said the proposed rule "is based on the false premise that how much money you make is the only measure of how much you contribute to the economy or society." The notice of proposed rulemaking will be published in the Federal Register on November 2, 2020, with comments due 30 days after publication. DHS aims to have the new selection in place by the Fiscal Year 2022 cap filing season in March 2021.