BREAKING: DHS Looks To Ditch H-1B Visa Lottery For Salary Ranking
Law360 (October 28, 2020, 6:17 PM EDT) — The U.S. Department of Homeland Security is planning to replace the H-1B specialty occupation visa lottery, in which foreign citizens with college degrees compete for limited slots, with a wage-based selection process prioritizing higher salaries, the department said Wednesday.
Under the proposal, DHS would no longer conduct a random selection process for H-1B visas. Instead, the work visas would be ranked and doled out based on the highest salaries promised to applicants by their potential employers, the proposed rule says.
“The current use of random selection to allocate H-1B visas makes it harder for businesses to plan their hiring, fails to leverage the H-1B program to truly compete for the world’s best and brightest, and hurts American workers by bringing in relatively lower-paid foreign labor at the expense of the American workforce,” Ken Cuccinelli, second-in-command at DHS, said in a statement Wednesday.
H-1B visas, which offer a path to permanent residency, are capped at 65,000, with another 20,000 reserved for individuals with advanced degrees. However, demand has consistently outstripped supply. Earlier this year, roughly 275,000 H-1B candidates competed for those slots.
–Editing by Michael Watanabe.
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