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Original Date Announced
January 8, 2021DHS publishes a final rule replacing the random H-1B visa lottery with a wage-level-based selection process. DHS made no changes to the final rule after receiving and reviewing comments on the proposed rule. The final rule is signed by Ian J. Brekke, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf. [ID #1108]
Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B PetitionsEffective Date
March 9, 2021Subsequent Trump-Era and Court Action(s)
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May 17, 2021
2021.05.17 Humane Society of New York et al. v. Mayorkas., No. 1:21-cv-01349 (D.D.C., May 17, 2021).
A humane society, two health care organizations, and others sued the Biden administration over a Trump-era policy that would award the chance to petition for H-1B specialty occupation visas by salary level, not a random lottery as dictated by the INA.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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September 15, 2021
2021.09.15 Chamber of Commerce v. DHS (N.D. Cal., Sept 15, 2021).
On September 15, 2021, Judge Jeffrey White from the Northern District of California vacated the Trump-era policy identified in this entry.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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December 6, 2021
2021.12.06 Humane Soceity of NY v. Mayorkas, Case No. 1:21-cv-01349-EGS, Unopposed Motion to Extend the Deadline to File the Joint Appendix of the Administrative Record (D.D.C., December 6, 2021).
In Humane Society of NY v. Mayorkas (see above), on December 6, 2021, Plaintiffs submitted an unopposed motion to extend a filing deadline. The parties are close to resolution, indicating the Biden administration's likely full revocation of the Trump-era policy listed in this entry.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Delayed
February 8, 2021H-1B Registration Modification - Delay of Effective Date
This Biden administration policy delays the Trump-era policy identified in this entry.
On 2/8/21, USCIS and DHS announced that DHS will delay the effective date of the H-1B cap allocation rule to December 31, 2021 in order to provide more time for testing, training and public outreach. The rule was set to take effect on March 9, 2021. The FY 2022 H-1B process will occur using the preexisting random, computerized lottery system.
View DocumentBiden Administration Action: Revoked/Replaced
December 22, 20212021.12.22 Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, Implementation of Vacatur
This Biden administration policy fully revokes the Trump-era policy identified in this entry.
On December 22, 2021, USCIS withdrew the "Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions" final rule issued on January 8, 2021, because that rule has been vacated by a Federal district court.
View DocumentCurrent Status
Not in effectMost Recent Action
December 22, 2021 Action: Revoked/Replaced 2021.12.22 Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions, Implementation of VacaturFebruary 8, 2021Acted on by Biden Administration
December 22, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual Enjoined/VacatedTrump Administration Action: RuleSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies
Pre Trump-Era Policies
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Example of previous instructions issued by USCIS for preexisting random, computerized H-1B lottery system.
USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
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Subsequent Action
Original Source:
[download the complaint]
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Subsequent Action
Original Source:
2021.09.15 Chamber of Commerce v. DHS (N.D. Cal., Sept 15, 2021).
- Subsequent Action
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Commentary
Original Source:
Salary-Based H-1B Visas May Leave Out Foreign Grads
- Other
Commentary
Salary-Based H-1B Visas May Leave Out Foreign Grads
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