A proposed rule overhauling allocation of H-1B visas for specialty occupation workers was approved by a key White House office, signaling it may be released publicly soon.
Although US Citizenship and Immigration Services hasn’t shared information about the regulation, it’s widely expected that it will revive an attempt by the first Trump administration to base selection of H-1B petitions subject to a statutory cap on wages paid rather than a random lottery.
The Office of Information and Regulatory Affairs cleared the rule on Aug. 8.
The H-1B program, which is heavily used by the tech sector, is limited to 85,000 slots annually. After a random lottery each spring, employers with selected entries can move forward with petitions. A 2021 DHS rule would have based allocation of H-1B slots on corresponding wages divided into four tiers.
The Trump administration argued at the time that the change would push businesses to hire more high-skilled foreign workers. But it was opposed by business and immigration groups that said it would restrict the number of eligible H-1B workers and was later withdrawn by the Biden administration.
Federal courts also blocked regulations to raise the prevailing wage floors and limit qualifying positions for H-1B workers.
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