The US has withdrawn a Trump-era proposal that would have changed how the H-1B visa process is administered, according to the US Citizenship and Immigration Services. The decision to change the selection criteria was taken by former president Donald Trump in January 2021, which was widely opposed by several industry bodies and companies in the US. It proposed to move away from lottery-based selection to a new system of selection based on ranking and wage levels. The proposal was challenged in the US court and the Court vacated the rule in September 2021.
Key Points|
1. The Decision to overturn a rule on H-1B process was announced by the Department of Homeland Security following the US District Court for the Northern District of California vacating the rule in September.
2. H-1B visa applicants will now be selected based on the lottery system. In January 2021, the Trump administration had proposed a new rule- 'Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions' to change the selection criteria of H-1B visa, from lottery based to selection based on ranking and wage levels.
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3. As per the reports, the proposed rule was opposed by many industries and companies. The US Chamber of Commerce and others had filed lawsuits against the proposed rule, which resulted in the court vacating the new rule.
4. The H-1B visa is a non-immigrant visa that lets US tech companies hire employees with theoretical or technical expertise. The H-1B visa law could have impacted FY 2022, if it came into effect.
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