Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
H-1B lottery may be replaced by selection based on highest wages
The Department of Homeland Security (DHS) announced on 10/28/2020 a proposed rule to amend the H-1B regulations governing the process by which the annual H-1B lottery is conducted.

If finalized as proposed, USCIS would first select registrations (or petitions, if the registration process is suspended) based on the highest Occupational Employment Statistics (OES) prevailing wage level that the offered wage equals or exceeds. This would replace the random H-1B selection process in this manner. So, offering a Level 4 OES wage would improve chances of selection.

The reason given for this proposed rule is to help counter the downward pressure on the wages of U.S. workers that is created by an annual influx of relatively lower-paid, new cap-subject H-1B workers (i.e. Level 1 OES wages).
 
According to the DHS, the changes proposed in this rule would provide some prospective petitioners the ability to potentially improve their chance of selection by agreeing to pay H-1B beneficiaries higher wages that equal or exceed higher prevailing wage levels
 
DHS will open a public comment period once the proposed rule is published in the Federal Register. Interested parties will have 30 days to submit comments relevant to the proposed rule and 60 days to submit comments relevant to the proposed information collection. DHS will review all properly submitted comments, consider them carefully, and draft responses before issuing a final rule. 

This client alert is being provided only to company representatives. Please share with your foreign national staff as you see fit or direct them to our web site where this client alert will be posted.

If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.
 
Sincerely,

Leila Freijy
Law Office of Leila Freijy PLLC
Law Office of Leila Freijy PLLC| FreijyLaw.com
Immigration & Compliance Law
Leila Freijy, Esq.
3150 Livernois Rd #103
Troy, MI 48083
248.817,8280
248.287.4115 (fax)