The U.S. Department of Homeland Security (DHS) is proposing to change the H-1B lottery system by moving from a purely random lottery selection to a weighted process that prioritizes higher-paid workers, while still preserving opportunities across all wage levels.
Registrations for H-1B cap-subject petitions would be weighted based on the Occupational Employment and Wage Statistics wage level tied to the proffered wage for the relevant position and location. Wage Level IV registrations would receive four entries in the selection pool, Level III three entries, Level II two entries, and Level I a single entry — significantly increasing the selection probability for higher wage levels.
Notably, this would be in addition to the newly imposed $100,000 fee requirement for new petitions.
Formal publication of the proposed rule is scheduled for Sept. 24. The proposal carries a 30-day comment period.
This is a developing news story. More information will be provided soon.
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