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DHS Moves To Weight H‑1B Cap Lottery by Wage Level, Opens Rule for Public Comment

The plan boosts selection odds for higher‑paid roles by awarding extra entries, with new wage‑level and job‑detail disclosures required.

Overview

  • USCIS proposes weighting H‑1B cap registrations by OEWS wage level, with Level IV receiving four entries, Level III three, Level II two, and Level I one.
  • Registrations would have to list the highest wage level met, the SOC code, and the area of intended employment, and petitions would need evidence matching those details.
  • USCIS could deny or revoke petitions it deems designed to unfairly increase selection odds, and when multiple worksites or registrants apply, the lowest applicable wage level would set the weighting.
  • The weighting affects only the registration stage and does not change Labor Condition Application prevailing‑wage determinations.
  • The NPRM is open for public comment through October 24, 2025, following a September 19 directive to prioritize higher‑skill, higher‑paid hires, and legal analysts expect selection odds to shift toward higher‑wage offers.