On September 24, 2025, the Department of Homeland Security (DHS) introduced a proposed rule to change the H-1B visa allocation process, moving away from the current random lottery to a weighted selection system based on Department of Labor Occupational Employment and Wage Statistics (OEWS) wage levels.
Current System
- H-1B program allows U.S. employers to hire highly skilled foreign workers.
- Annual cap: 65,000 regular slots + 20,000 for advanced U.S. degree holders.
- When registrations exceed the cap, USCIS uses a random lottery.
Proposed Changes
Registrations at the OEWS’s wage levels will be receive a weighted number of lottery entries, as follows:
- Wage Level IV: 4 entries.
- Wage Level III: 3 entries.
- Wage Level II: 2 entries.
- Wage Level I: 1 entry.
Each beneficiary can only be selected once, even if they have multiple entries in the system. The proposed rule applies to both the regular H-1B cap and the advanced degree exemption. The selection process will prioritize the wage level associated with the offered position rather than the actual salary amount.
Integrity Measures
Employers will be required to provide the following:
- Select the highest wage level the offered salary meets.
- Provide accurate SOC codes and worksite locations.
- Ensure consistency between registration and petition.
- USCIS may revoke petitions if later filings differ significantly.
Potential Impact
Under the proposed rule, higher-level positions gain an advantage, while entry-level roles and recent graduates (often Level I or II) may face reduced chances. Smaller companies and startups could struggle to compete with higher salaries.
Public Comment
Employers may provide comments concerning the proposed rule during a 60-day comment period, ending on November 24, 2025. Comments may be submitted at https://www.regulations.gov/ under DHS Docket No. USCIS-2025-0040.