The Department of Homeland Security haswithdrawn its H-1B Selection Final Rule as of December 21, 2021. The Rule wasvacated by a US District Court in September 2021, and pursuant to that order, theDHS has withdrawn the Rule in the FederalRegister.

First issued on January 8, 2021, theRule created a new ranking order of H-1B CAP registration entries, rather thanusing a random lottery, in order to prioritize the highest OES prevailing wagelevels. Musillo Unkenholt’s blog about the January 2021 rule can be found here.

The rule was initiallyintended to go into effect in time for the March 2021 CAP registration period,but it was ultimately delayed in February 2021 andnever went into effect for any H-1B CAP lottery.