DHS Proposes H-1B Rule That Favors Higher-Paid Workers In Lottery

October 6, 2025

What's New

On September 24, DHS proposed a rule that would replace the current random H-1B visa lottery with a weighted selection system that favors beneficiaries in higher-paying jobs. Under the proposed rule, when registering for the H-1B lottery, employers would need to provide the offered wage, the corresponding wage level, the job’s SOC code, and the work location.

Lottery entries would then be weighted based on the beneficiary’s wage level, with beneficiaries in wage level IV (the highest wage level) entered into the lottery four times, beneficiaries in level III entered three times, beneficiaries in level II entered twice, and beneficiaries in wage level I entered once.

If multiple employers submit a lottery registration for the same beneficiary, the weighting will be based on the lowest wage level among those submissions.

The deadline for public comments on the main rule is October 24, 2025. Comments on information collection requirements are due by November 24, 2025.

What It Means

Under the proposed system, potential H-1B workers with higher salary offers will have a significantly higher likelihood of being selected in the lottery. While the rule does not require employers to raise wages, higher wages would improve selection odds. DHS has indicated it may finalize the rule in time for the FY 2027 H-1B lottery, which begins in March 2026.

What You Should Do

CWC will file comments if there is sufficient member interest. CWC members are encouraged to direct their input and recommendations to [email protected].

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