H-1B “lottery by pay grade” officially repealed

What is a “pay grade lottery”? Actually it means literally. The stipulated plan is to allocate H-1B places according to the salary level: the salary level is divided into four grades (L4\L3\L2\L1, from high to low), and the total number of H-1B places each year is quantitative.

Then, only after the applicants of the highest salary level (L4) have completed their applications, the applicants of the next level can enter the application status, and the “gates are opened” until the total number of H-1B places is used up.

However, this regulation is very challenging for international students who have just graduated and started working. After all, there is a 99% probability that the newbies entering the workplace will not be able to meet the L4 salary requirements.

If the plan is really implemented, the probability of international students in the United States staying in the United States to work after graduation is very small.

On Monday (December 21), the official website of the United States Citizenship and Immigration Services (USCIS) issued a statement saying that the United States Department of Homeland Security (DHS) has made a decision to formally withdraw Trump This regulation issued by the Prussian government on January 8, 2021!

In the past 1 year, the progress timeline of “H-1B lottery system by salary grade” is roughly as follows?

October 28, 2020

The U.S. Department of Homeland Security’s decision to update the H-1B lottery rules — when the Trump administration proposed changing the existing H-1B visa lottery policy and introducing a method of awarding places based on salary grades, was designed to protect the U.S. employment opportunities for employees, and preference is given to applicants in the H-1B high-paying category. The decision, once passed, will affect the H-1B visas of about 85,000 people each year!

January 8, 2021

The new regulations officially launched the final regulations, and began to take effect 60 days later (that is, March 9), but were then postponed to December 31, 2021.

May 12, 2021

The United States Department of Labor said it will delay the rule’s effective date by 18 months to November 14, 2022. During this period, there will be sufficient time to consider the legal and policy issues involved in the new regulations, and public comments will also be received.

September 2021

This provision was urgently stopped by the Federal District Court for the Northern District of California.

December 21, 2021

This provision has officially been rescinded!

Previously, not only international students complained, but some industry organizations and companies in the United States also expressed objections to the new regulations! The Chamber of Commerce of the United States and others have also sued over the proposed rule.