The Department of Homeland Security has released a final rule that repeals the Jan. 8, 2021-issued Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, commonly known as the H-1B Selection Final Rule. The United States District Court for the Northern District of California reversed that rule.
The H-1B Selection Final Rule was vacated on Sept. 15, 2021, by the court in Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20–cv–07331 (N.D. Cal. March 19, 2021). The regulation would have modified how USCIS ranks and picks H-1B registrations (or petitions, if registration is halted) submitted by prospective petitioners intending to file an H-1B cap-subject petition by ranking and choosing registrations based on salary levels.
