Businesses and industry organizations are among those pushing back against a rule that would change eligibility for filing an H-1B petition. The new rule would require the H-1B lottery selection to be conducted by salary level.

A range of industries—from health care to higher education—that employ U.S. and H-1B workers are concerned about the radical change. By the Department of Homeland Security’s (DHS) own estimate, the rule would eliminate the filing of H-1B petitions for entry-level jobs for which companies have hired recently graduated foreign nationals in the past.

Recently, the Humane Society of New York and others filed a lawsuit against DHS and U.S. Citizenship and Immigration Services (USCIS) challenging the rule in the D.C. federal district court. Under the new rule, USCIS would select registrations—required to file an H-1B petition subject to the annual cap—based on whether the employer will be paying the highest wage to the H-1B worker when compared with the four prevailing wage levels in the Occupational Employment Statistics (OES) classification applicable to the employer’s job.

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