The Department of Homeland Security (DHS) published a final rule on December 22, 2021, that withdraws the “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions” final rule, also known as the H-1B Selection Final Rule, issued January 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.
On September 15, 2021, the court in Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20–cv–07331 (N.D. Cal. March 19, 2021) vacated the H-1B Selection Final Rule. The rule would have changed the way USCIS selects H-1B registrations (or petitions, if registration is suspended) submitted by prospective petitioners seeking to file an H-1B cap-subject petition by ranking and selecting registrations based generally on corresponding wage levels.
DHS’s action follows a similar final rule from the Department of Labor, effective December 13, 2021.
- DHS alert, Dec. 21, 2021
- “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” 86 Fed. Reg. 72516 (Dec. 22, 2021)
- “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States, Implementation of Vacatur,” 86 Fed. Reg. 70729 (Dec. 13, 2021)