US Citizenship and Immigration Services announced a final rule to modify the H-1B cap selection process and change the current lottery procedures. The rule is online and is set to go into effect in 60 days.
It would modify the H-1B cap selection process to incentivize employers to offer higher salaries and higher-skilled positions, according to USCIS.
The Society for Human Resources Management reported the rule replaces the annual H-1B visa lottery that randomly selects foreign professionals with a process that prioritizes those offered the highest salaries for their occupation and geographic area.
It could favor hiring of senior professionals rather than younger workers, Forbes reported. There are also questions about the legality of the rule and what would happen to it under a Biden administration.
The rule comes as the US government recently extended a ban on new green cards and work visas, including H-1Bs, to March 31.