Federal Judge Sets Aside H-1B Lottery Prioritization Rule

September 20, 2021 Anne Walsh

On Sept. 15, 2021, a federal judge set aside a regulation that was scheduled to replace the current H-1B random selection process with a system that would favor individuals with higher salaries.  

Overview 

District Judge Jeffrey White has ruled that Chad Wolf was not lawfully acting as the Acting Secretary of Homeland Security when the Department of Homeland Security (DHS) issued the H-1B lottery prioritization rule earlier this year. Consequently, Judge White vacated the rule.  

Looking Ahead  

The H-1B lottery prioritization rule was scheduled to begin on Dec. 31, 2021 and govern the FY23 H-1B cap season. Based on the recent ruling, it is unlikely that a wage-based selection system will be used for the FY23 H-1B cap season. Current rules are likely to remain in place. Envoy will provide updates as available.  

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Envoy is pleased to provide you this information, which was prepared in collaboration with Anne Walsh, who is a Partner at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").        

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.  

About the Author

Anne is a Partner with Global Immigration Associates. In this role, she provides counsel for companies ranging from startups to Fortune 500 corporations and their foreign national employees. Anne’s practice focuses on obtaining visas and employment-based green cards in all categories; immigration compliance arising from corporate changes, such as reorganizations and restructuring; and office relocations and company immigration policies and best practices. She also has extensive experience preparing and reviewing business immigration filings, requests for further evidence and appeals, and in researching and analyzing immigration statutes, policy and procedure. Anne works with clients in several industries, including software, cloud technology, manufacturing and electronics. In addition to her employment-based practice, Anne provides counsel for individuals pursuing visas and green cards through family relationships.

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