Overview

• USCIS’s proposal would weight lottery entries by prevailing-wage tier, giving Level IV four entries, Level III three, Level II two, and Level I one.
• Registrations would have to state the wage level, SOC code, and primary worksite, and petitions must match that data, with USCIS empowered to deny filings that appear to game the system by lowering wages post-selection.
• For multiple worksites or multiple registrations for the same beneficiary, the lowest applicable wage level would control, and the weighted process would apply to both the regular cap and the advanced-degree exemption.
• DHS estimates selection odds would shift to 61.16% for Level IV, 45.87% for Level III, 30.58% for Level II, and 15.29% for Level I, compared with 29.59% under the current random process.
• The rule is a proposal open to revision and does not affect existing H-1B holders or cap-exempt filings, and employers may need earlier prevailing-wage analyses at registration, complicating planning around annual DOL wage updates.