DHS Withdraws H-1B Selection Final Rule

The H-1B visa category is dedicated to specialized professionals who will be hired by US employers for local work. H-visas are nonimmigrant work visas and requires a job offer from an US employer, with a salary within market standards for the position to be performed.

The H-1B visa category presupposes that the foreign professional must be hired because there is no other American professional in equal conditions to meet a certain demand from his employer in the American market. Dependents of H visa holders have the right to obtain the H-4 visa and cannot obtain a work permit to work in US soil, with few exceptions foreseen in current regulations.

In January 2021, a rule regarding the allocation of the limit of H-1B visas that can be issued was changed and its effect was supposed to start in the fiscal year 2022. The rule sought to prioritize applicants who received job offers with the highest salaries according to the US market determined by the Department of Labor (DOL), changing the current drawings/lottery system.

The Department of Homeland Security (DHS) is responsible for protecting the US borders and published a final decision on this matter, suspending on 12/22/2021 the rule that would change the application system to the H-1B category, thus maintaining the lottery system for those seeking to apply for this visa category.

Written by Matheus Etrusco, Paralegal at Drummond Advisors, e Louanni Cesario, Senior Immigration Attorney at Drummond Advisors

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