US withdraws proposal to change H-1B visa selection criteria

The United States has withdrawn a rule that would have changed how the H-1B visa process is administered, said the US Citizenship and Immigration Services. A final rule to this effect will be published in the Federal Register on December 22.

The decision by the Department of Homeland Security comes after the US District Court for the Northern District of California vacated the rule in September.

In January, the US had proposed to modify how H-1B visa applicants are selected, moving away from a lottery-based system to a selection based on ranking and wage levels.


Several industry bodies and companies had opposed the proposal. The US Chamber of Commerce and others had also filed lawsuits against the proposed rule, which resulted in the court verdict.

The rule - Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions - was among the last few to be brought in by the administration of former US President Donald Trump.

It was supposed to take effect on March 9 this year and would have impacted the H-1B process for financial year 2022, before it was delayed.