US Immigration : Alternate Routes to Immigration Reform | Weekly Round-Up
In a motion filed in court in Washington, D.C., earlier this week, the Department of Homeland Security (“DHS”) has withdrawn its support for a rule, promulgated by President Trump just prior to leaving office, that would have given visa preferences to those individuals earning higher salaries, the salary-based visa selection system.

Every year, 85,000 foreign workers are selected through a lottery system to obtain H-1B nonimmigrant status, a visa category reserved for specialty occupations that require applicants to have at least 4-year college degrees, and sometimes master’s or doctoral degrees. The new rule proposed by former President Trump would have eliminated the lottery system and awarded the visa slots based purely on the highest salaries offered. Advocates against the rule argued that this would largely eliminate H-1Bs for all except those in the highest level positions, significantly reducing the availability of H-1Bs for important entry-level work, including for foreign students graduating from U.S. college or master’s programs, who are just starting their careers.

U.S. Citizenship and Immigration Services will continue to make visa selections by random lottery.

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