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The Department of Homeland Security (DHS) is proposing a rule to the Federal Register to amend regulations that govern the process by which the United States Citizenship and Immigration Services (USCIS) selects H-1B cap-subject petitions.

If this rule is finalized, USCIS would replace the random selection process (the “H-1B lottery”) with a process that first selects H-1B cap-subject petitions generally based on the highest Occupational Employment Statistics (OES) prevailing wage level that the offered wage equals or exceeds. These OES prevailing wage levels are based upon relevant Standard Occupational Classification codes and the area(s) of intended employment.

Once the proposal is published in the Federal Register, DHS will open a public comment period of 30 days for interested parties to submit comments relevant to the proposed rule. After DHS reviews all properly submitted comments, they will issue a final rule.

SW Law Group will be following this topic closely and will keep you updated regarding any matters pertaining this topic.