Biden’s DHS withdraws proposed rule on H-1B visa selection system

On Wednesday, December 22, Biden’s DHS (Department of Homeland Security) published a Final Rule in the Federal Register, permanently withdrawing Trump’s proposal to change the H-1B visa selection system.

It is worth explaining that the H-1B visa is available to highly qualified foreign workers in fields such as science, technology, engineering and research.

In fact, this visa program is one of the most widely used by local businesses to hire skilled personnel from abroad and fill labor gaps.

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What is the H-1B visa selection system?

Annually, the USCIS (US Citizenship and Immigration Services) issues a total of 65,000 H-1B visas and an additional 20,000 for individuals who have completed an advanced degree program in the US.

However, when the number of applications exceeds the annual cap, which happens almost every year, the USCIS uses a selection system called the H-1B Visa Lottery. This process allows the agency to randomly select eligible applications.

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Trump wanted to replace the H-1B Visa Lottery

In October 2020, the Trump administration proposed eliminating the H-1B Visa Lottery and replacing it with a wage-based selection system, from highest to lowest.

However, this proposal received countless criticisms from companies that rely heavily on foreign workforce as there are jobs that are always going to have lower wages than others, but that doesn’t mean they are not equally important, and thus, this rule would leave many sectors essential to the country’s socioeconomic development in limbo.

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Court intervened in the case

The decision by Biden’s DHS to withdraw Trump’s H-1B visa proposal comes after a federal judge for the Northern District of California struck down this rule in September 2021, stating that it would tremendously affect many American companies.

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