What Would the Rule Do and Who Would It Exclude?: Instead of the H-1B lottery, the USCIS will receive registrations before the start of a new fiscal year (probably before the first of April) and if more registrations are submitted than the current H-1B limit allows, the agency will approve petitions based on their wage – from the highest to the lowest.
The same process will be applied for the 65,000 petitions that are under the annual limit and the 20,000 petitions for individuals with an advanced degree from a U.S. univerity.
The regulation would authorize U.S. Citizenship and Immigration Services (USCIS) to end the H-1B lottery and instead grant petitions based on registrations starting with the highest salary level and working down.
Attorneys and businesses argue the regulation violates the statute and makes it difficult to obtain new H-1B petitions for younger workers, particularly international students and information technology professionals.