DHS Proposes Wage-Based Selection Process for H-1B Cap Lottery
The Department of Homeland Security (DHS) has published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that could significantly change the H-1B registration and selection process. The proposal seeks to prioritize higher-skilled and higher-paid workers in the annual cap lottery, while still preserving opportunities for employers to sponsor H-1B workers at all wage levels.
Under the proposed rule, U.S. Citizenship and Immigration Services (USCIS) would assign multiple “entries” into the lottery based on the Occupational Employment and Wage Statistics (OEWS) wage level that the offered salary meets or exceeds:
Wage Level IV – 4 entries
Wage Level III – 3 entries
Wage Level II – 2 entries
Wage Level I – 1 entry
This weighting system would increase the likelihood of selection for positions with higher prevailing wage levels.
Key Proposed Changes
The NPRM outlines four primary provisions:
Registration Requirements – Employers would be required to indicate the highest OEWS wage level applicable to the offered position, along with the SOC code and area of intended employment.
Weighted Selection Process – USCIS would use a wage-based system in addition to the beneficiary-centric selection process, giving more chances in the lottery to higher-level wage positions.
Petition Documentation – Employers would need to provide supporting evidence at the petition stage to substantiate the wage level indicated during registration.
Program Integrity – USCIS would require consistency between registration and petition filings. Petitions could be denied or revoked if new or amended filings are found to manipulate the registration process.
What’s Next
Publication of the NPRM is the first step in the federal rulemaking process. The proposal will not take effect until DHS issues a final rule, which will include an effective date. As part of this process, DHS must review and consider public comments before finalizing any changes.
The deadline to submit public comments on the proposed rule is October 24, 2025. Vong Law Group will continue to monitor this proposed new rule and any possible litigation.
