Introduction
The H-1B visa program has long been a cornerstone of how U.S. employers recruit global talent, particularly in technology, healthcare, research, and other highly skilled industries. Over the years, however, the annual lottery system has faced criticism for favoring volume of filings over merit, leading to calls for reform that better reflects both market needs and congressional intent. Against this backdrop, the Department of Homeland Security is now moving forward with a major regulatory shift that seeks to reshape how H-1B visas are allocated—placing greater emphasis on wage levels and skill tiers rather than pure chance.
Now the much-awaited Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions, starting the next H-1B fiscal year, is going to be published by the Department of Homeland Security on September 24, 2025. The rules will be open for comments, and after the review process, they are expected to be finalized in a few months.
DHS explains in this proposed regulation:
“The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for unique beneficiaries for filing of H-1B cap subject petitions (or H-1B petitions for any year in which the registration requirement is suspended). DHS proposes to implement a weighted selection process that would generally favor the allocation of H-1B visas to higher skilled and higher paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the Congressional intent for the H-1B program.”
Key Highlights of the Proposed H-1B Weighted Selection Process
Registration Information
The registration period will last for 14 calendar days. As part of the registration, H-1B employers will be required to provide details about the Wage Level, SOC Code, and area of intended employment.
Wage Survey to Be Used
If the government-based wage survey (OEWS) is not used, then the employer must select Wage Level 1. While private wage surveys will be permitted, cases based on them will default to Level 1—drastically reducing selection chances. Basically, even if you say a wage is Level 4 based on a private wage survey, it will be considered as Level 1 for the purpose of selection.
The Department of Labor is expected to release new prevailing wage levels in the coming months, which will significantly increase salaries. As a result, what is currently classified as Level 2 may soon be reclassified as Level 1.
If the proposed job does not have a specific wage survey or SOC code in OEWS, employers must use the survey from OEWS for a SOC code that best corresponds to the duties. This mirrors current practice.
Multiple Work Locations
If the beneficiary will work in two or more locations, the registration must reflect the wage level corresponding to the location where the salary falls at the lower level.
For example:
- Offered salary: $200k
- In Chicago, $200k = Level 4
- In Silicon Valley, $200k = Level 2
- Registration must use Level 2
Multiple Registrations
Multiple registrations by different employers for the same beneficiary will continue to be allowed. However, if different wage levels are used, the lowest wage level will govern.
For example:
- Company A registers with Level 2
- Company B registers with Level 4
- Selection will be based on Level 2
This rule encourages beneficiaries to register only through employers who offer the highest wage level.
Selection Criteria
The new system will use weighted entries. Beneficiaries with Level 4 wages would get a chance to enter the selection pool 4 times, Level 3 wages 3 times, Level 2 wages 2 times and Level 1 only once. Basically Level 4 applicants have a better chance of getting selected in the lottery. Once the regular quota selection is completed then the left-over US Masters based applicants will second shot at the lottery in the Masters quota and same criteria will be followed like Level 4 applicants get to enter the selection pool 4 times, so on and so forth.
This significantly increases the odds for higher wage level beneficiaries.
Once the regular cap quota is filled, leftover U.S. master’s degree candidates will have a second chance in the Master’s quota, applying the same weighted system.
Work Location Changes
If the work location changes after registration due to business reasons, USCIS will allow modifications as long as the original registration reflected the location in good faith.
However:
- If a new work location is added at the filing stage, the same wage level as the registered location must be applied.
- If multiple locations were listed at registration, but only one remains at filing, USCIS will also permit the change.
Amendment of H-1Bs
USCIS will scrutinize amendments filed to lower wage levels or shift jobs from higher-paying locations to lower-paying ones.
Example:
- Registered: San Francisco, Level 4, $300k
- Amended: Sacramento, Level 4, $220k
Such cases may be treated as attempts to circumvent wage rules unless the petitioner could prove the original registration provided information in good faith. USCIS could find the original registration invalid, initiate revocation, and jeopardize the beneficiary’s entire H-1B status.
Conclusion
The upcoming weighted selection process represents one of the most significant changes to the H-1B lottery in recent years. By tying selection odds to wage levels, DHS aims to align the program more closely with congressional intent—prioritizing highly skilled and highly paid workers while still preserving opportunities at all wage levels.
Employers and foreign professionals should pay close attention to both this proposal and the Department of Labor’s forthcoming prevailing wage updates, since together they will reshape the economic calculus of H-1B sponsorship. While the rule is still in the proposal stage and open to public comment, planning for FY 2027 and beyond will require greater attention to wage levels, SOC codes, and worksite locations.
Stakeholders should begin preparing compliance strategies now, as these changes, once finalized, are likely to have long-lasting effects on how H-1B visas are allocated.
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