Overview

• DHS published an NPRM on September 24 proposing to replace the random H-1B cap lottery with a system that assigns more selection entries to higher OEWS wage tiers, such as four entries for Level IV and one for Level I.
• Employers would have to report OEWS wage-level data during initial registration, and USCIS would require the subsequent petition to match those details, allowing changes only at its discretion for bona fide offers.
• The weighting would apply to both the 65,000 regular cap and the 20,000 advanced-degree exemption, using OEWS levels that reflect role seniority rather than the actual salary paid.
• Analysts say selection odds would decline for entry-level roles and recent F-1 graduates on OPT or STEM OPT, which commonly map to Level I or II positions.
• Comments on the proposed rule are due October 24, with information-collection comments due November 24, after which DHS will review feedback before any final rule, and legal challenges are expected.