Debate Over H-1B Lottery Revamp Heats Up as Cases Go Forward

Litigants have targeted a Trump-era regulation that would change the H-1B specialty occupation visa selection process from a random lottery to a wage-based system, fearing President Joe Biden’s administration may be inclined to let that policy shift stand.

Released by the Trump administration in January, the rule created a new selection system meant to incentivize H-1B employers to offer higher wages, or to petition for positions requiring higher skills, to increase the likelihood of their selection and eligibility to file an H-1B cap-subject petition. It also prevented them from paying foreign workers lower wages than they would likely need to ...