DHS Moves to Weight H-1B Lottery Toward Higher-Paid Jobs

DHS proposed a wage‑weighted H-1B selection to replace the lottery, aiming to steer scarce work visas toward higher‑paid, higher‑skilled roles and, in its view, better protect U.S. workers’ wages and job opportunities.

What Happened

The Department of Homeland Security published a proposed rule on September 24, 2025, to overhaul how H‑1B registrations are chosen when demand exceeds the annual cap. Instead of a purely random draw, U.S. Citizenship and Immigration Services would run a weighted selection that favors offers at higher wage levels. Public comments closed on October 24, 2025, and DHS is now reviewing feedback before deciding on a final rule. Public comments closed October 24, 2025.

How It Would Work

Under the proposal, each unique beneficiary would still be entered only once, but the entry would carry more weight if the proffered salary meets higher Department of Labor Occupational Employment and Wage Statistics levels: Level IV entries count four times, Level III three times, Level II twice, and Level I once. The approach would apply to both the regular cap and the advanced‑degree exemption. Selections would be weighted by DOL wage levels. The H‑1B program is capped at 85,000 visas annually—65,000 under the regular cap plus 20,000 for U.S. advanced‑degree holders. The annual cap remains 85,000 visas.

The Bigger Picture

The weighted system builds on earlier integrity moves. In January 2024, USCIS finalized a beneficiary‑centric registration process designed to curb multiple filings for the same person. In December 2024, DHS issued a separate modernization rule clarifying specialty‑occupation criteria and adding guardrails such as site‑visit authority. Together, those changes sought to make the program more efficient while policing abuse; the new wage‑weighted selection would more directly target how scarce slots are allocated. Reuters reports DHS estimates the shift could raise overall wages paid to H‑1B workers, while some small businesses could face higher hurdles if they rely on entry‑level hiring.

What’s Next

DHS has not set an implementation date. If finalized, the policy would replace the purely random lottery in a future cap season; timing depends on the rulemaking schedule and any legal challenges. Employers should watch for guidance on registration requirements, including providing wage‑level data at the time of entry, and consider how compensation offers align with OEWS tiers if they plan to sponsor H‑1B candidates.

Sources

• DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers — USCIS (December 23, 2025)
• Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions; Proposed Rule — Federal Register (September 24, 2025)
• Trump administration proposes new H-1B visa process favoring higher-skilled, better-paid workers — Reuters (September 23, 2025)
• USCIS Announces Strengthened Integrity Measures for H-1B Program — USCIS (January 30, 2024)