New H-1B Process: Weighted Selection Instead of Pure Lottery
On September 24, 2025, USCIS published in the Federal Register a proposal to change the way H-1B cap-subject petitions are selected. Instead of a random lottery, a weighted system would be applied, giving more chances to those offering higher wages.
You can also read: “DOL Firewall Project: Protecting the Highly Skilled U.S. Workforce”
How Would It Work?
Each registration receives “tickets” based on the OEWS wage level:
- Level I → 1 ticket
- Level II → 2 tickets
- Level III → 3 tickets
- Level IV → 4 tickets
All levels would still be eligible, but higher salaries would have a greater probability of being selected. The comment period is open until October 24, 2025.
Advantages and Criticisms
- Incentivizes higher wages and aligns the program with its goal of attracting qualified talent.
- Could favor large companies and lead to attempts to artificially inflate wages.
- Requires clear safeguards to ensure fairness and transparency.
What Does It Mean?
- For employers: the need to design competitive salary offers and accurately complete registrations.
- For workers: better chances if they negotiate mid- or high-level wages, though lower levels are not excluded.
Ultimately, the change seeks to reward quality over pure chance. If implemented, it would transform the strategy of both employers and workers seeking an H-1B in 2026 and beyond.
From: https://www.dol.gov/newsroom/releases/osec/osec20250919
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