
"The U.S. Department of Homeland Security recently issued a notice of proposed rulemaking proposing a regulatory rule to change the process by which cap-subject H-1B status applicants are selected by U.S. Citizenship and Immigration Services for eligibility to file H-1B petitions in its annual lottery. This substantive change is part of the department's ongoing efforts to overhaul the H-1B system, including a $100,000 application fee."
"The proposal introduces a weighted lottery selection system whereby H-1B beneficiaries offered the highest wages are given the highest likelihood of being chosen in the lottery and afforded the opportunity to petition for H-1B work status. This system is a marked departure from the current system, in which there is generally no special preference given to H-1B lottery entrants. Background The H-1B visa status classification is the most common visa type used by U.S. employers to hire and employ foreign nationals for temporary employment."
The U.S. Department of Homeland Security issued a notice of proposed rulemaking to change the process by which cap-subject H-1B status applicants are selected by U.S. Citizenship and Immigration Services for eligibility to file H-1B petitions in the annual lottery. The proposal introduces a weighted lottery that gives beneficiaries offered the highest wages the greatest likelihood of selection and the opportunity to petition for H-1B work status. The change departs from the current system that generally gives no special preference to lottery entrants. The H-1B classification is the most common visa used by U.S. employers to hire foreign nationals for temporary specialty-occupation employment requiring a bachelor's degree or higher. Congress set an annual quota at 65,000 plus 20,000 slots for U.S. master's degree holders, and cap levels have not been updated for many years.
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