📈DHS Proposes New Weighted Selection Process for H-1B Petitions
Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions
Summary
The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for unique beneficiaries for filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement is suspended). DHS proposes to implement a weighted selection process that would generally favor the allocation of H-1B visas to higher skilled and higher paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the Congressional intent for the H-1B program.
Agencies
- Homeland Security Department
Business Impact
$$$ - High
The proposed rule introduces a weighted selection process for H-1B registrations, favoring applicants with higher wages, which directly influences hiring practices and salary structures for businesses seeking skilled foreign workers. Employers may need to adjust wage offers to remain competitive depending on the weight assigned to various wage levels.