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The rule to end H-1B visa lottery may harm international students.

May 13, 2021

A past regulation that was formerly implemented by the Trump administration, that would end the H-1B lottery would make it more difficult for international students to obtain an H-1B petition and work in the U.S. Even though the implementation of this rule has been delayed, observers believe the Biden administration may favor it. The battle over the regulation could determine whether U.S. universities will recover from the students lost during the Trump years and as a result of Covid-19. The new rule would replace the original random lottery with a system where USCIS would elect H-1B petitions from highest to lowest salary level under the Department of Labor’s wage system. International students are at a disadvantage under the rule because choosing H-1B petitions by salary level favors the most experienced individuals in the labor market over those with the least experience.

Immigration Law, Consultation