H-1B Lottery Prioritization Rule Vacated, Current Rules Expected for FY23 Cap Season

A federal judge on Wednesday set aside a regulation that would have replaced the current H-1B lottery with a system prioritizing individuals with the highest offered salaries.

The ruling makes it unlikely that U.S. Citizenship and Immigration Services (USCIS) will be able to implement the new process for the FY23 H-1B cap season. At this time, current rules are expected to remain in place, under which USCIS will select registrations through a random lottery as it has in the past. The government has not yet indicated whether it will appeal the ruling.