U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” USCIS will now give preference to jobs with the highest wages. But the law establishing the H-1B visa category does not provide for wage level selection.

With this proposal, USCIS is deliberately restricting U.S. employers from employing H-1B workers on the pretext that wage levels—and not education—are the key requirement.

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