Level 4 wage level gets more chances at lottery.

 

https://www.reginfo.gov/public/do/eoDetails?rrid=1019913

23 minutes ago, kakatiya said:

Level 4 wage level gets more chances at lottery.

 

https://www.reginfo.gov/public/do/eoDetails?rrid=1019913

Fake news anna. They need to get congress approval
 

 

1 hour ago, Coconut said:

Fake news anna. They need to get congress approval
 

 

## Does USCIS Need Congressional Approval to Change H-1B Lottery to Wage-Based Selection?

The U.S. Citizenship and Immigration Services (USCIS) has expressed interest in replacing the current random H-1B lottery system with a process that gives priority to petitions offering higher wages. This raises a key legal and procedural question: **Is Congressional approval required for such a change, or can it be achieved through executive rulemaking by DHS/USCIS?**

### Authority for Changing H-1B Lottery Selection Process

- The H-1B visa program's core framework is determined by statute (the Immigration and Nationality Act), but the statute gives the Department of Homeland Security (DHS) rulemaking authority to administer detailed procedures—including the lottery—so long as they comply with statutory limits.

- The random lottery mechanism is *not* explicitly required by statute. Instead, it has been implemented via regulations (rules) issued by DHS/USCIS

- Both the Trump and Biden administrations have proposed regulatory changes (rulemaking) to switch the selection system from a purely random lottery to one weighted by wage levels. These proposals did not seek new legislation from Congress, but instead relied on the executive branch's authority to regulate how petitions are selected, within existing statutory limits

### Congressional Approval vs. Rulemaking

- **Congressional Approval:**

  - Would only be necessary if DHS sought to implement changes that conflict with, or exceed, statutory authority under the Immigration and Nationality Act.

  - There is no current statutory requirement that the H-1B selection process must be random, meaning Congress does not need to pass new legislation simply to allow a wage-based selection

- **Rulemaking Process:**

  - DHS/USCIS can initiate changes like moving to a wage-based selection through the federal regulatory (rulemaking) process, which includes notice-and-comment periods and review by the White House Office of Information and Regulatory Affairs

  - Previous attempts to implement rule-based changes were challenged in court, but the legal route remains through executive rulemaking and not Congressional action unless courts rule otherwise

### Key Takeaway Table

| Requirement | Needed for Wage-Based H-1B Selection? |

|--------------------|:-------------------------------------:|

| Congressional Approval | No |

| Executive Rulemaking | Yes |

 

### Conclusion

**USCIS does not need Congressional approval to change the H-1B lottery selection process to a wage-based system. Rulemaking authority granted under existing law is sufficient, provided the changes do not conflict with statutory requirements. The process involves regulatory proposal, public comment, and review, but not Congressional action**

 

6 hours ago, kakatiya said:

Level 4 wage level gets more chances at lottery.

 

https://www.reginfo.gov/public/do/eoDetails?rrid=1019913

Level 4 ante yemathram vundalanna?

Rule publish cheyyale how did you say level 4

Idhi next year ke gaa..we year already applications vesesaru ga 

9 hours ago, BacklogBadham said:

## Does USCIS Need Congressional Approval to Change H-1B Lottery to Wage-Based Selection?

The U.S. Citizenship and Immigration Services (USCIS) has expressed interest in replacing the current random H-1B lottery system with a process that gives priority to petitions offering higher wages. This raises a key legal and procedural question: **Is Congressional approval required for such a change, or can it be achieved through executive rulemaking by DHS/USCIS?**

### Authority for Changing H-1B Lottery Selection Process

- The H-1B visa program's core framework is determined by statute (the Immigration and Nationality Act), but the statute gives the Department of Homeland Security (DHS) rulemaking authority to administer detailed procedures—including the lottery—so long as they comply with statutory limits.

- The random lottery mechanism is *not* explicitly required by statute. Instead, it has been implemented via regulations (rules) issued by DHS/USCIS

- Both the Trump and Biden administrations have proposed regulatory changes (rulemaking) to switch the selection system from a purely random lottery to one weighted by wage levels. These proposals did not seek new legislation from Congress, but instead relied on the executive branch's authority to regulate how petitions are selected, within existing statutory limits

### Congressional Approval vs. Rulemaking

- **Congressional Approval:**

  - Would only be necessary if DHS sought to implement changes that conflict with, or exceed, statutory authority under the Immigration and Nationality Act.

  - There is no current statutory requirement that the H-1B selection process must be random, meaning Congress does not need to pass new legislation simply to allow a wage-based selection

- **Rulemaking Process:**

  - DHS/USCIS can initiate changes like moving to a wage-based selection through the federal regulatory (rulemaking) process, which includes notice-and-comment periods and review by the White House Office of Information and Regulatory Affairs

  - Previous attempts to implement rule-based changes were challenged in court, but the legal route remains through executive rulemaking and not Congressional action unless courts rule otherwise

### Key Takeaway Table

| Requirement | Needed for Wage-Based H-1B Selection? |

|--------------------|:-------------------------------------:|

| Congressional Approval | No |

| Executive Rulemaking | Yes |

 

### Conclusion

**USCIS does not need Congressional approval to change the H-1B lottery selection process to a wage-based system. Rulemaking authority granted under existing law is sufficient, provided the changes do not conflict with statutory requirements. The process involves regulatory proposal, public comment, and review, but not Congressional action**

 

good days coming Miller anna @Tellugodu

please add the rule to H1-B extensions and transfers and leave H4 ead

Enno fake chesam salary fake cheyadam jujube 😁

250k kanna takkuva earning yedavalni kalchi dobbali

1 hour ago, saravamnene said:

250k kanna takkuva earning yedavalni kalchi dobbali

Very violent anna…go to therapy please

16 hours ago, JohnyGalt said:

Level 4 ante yemathram vundalanna?

Depends on lca.

11 hours ago, Pavanonline said:

Enno fake chesam salary fake cheyadam jujube 😁

Cheyochu, kani IRS ventapadathadi for their tax share.

11 minutes ago, Tellugodu said:

Cheyochu, kani IRS ventapadathadi for their tax share.

Irs ki antha time and resources levu ga