Overview

• DHS published a proposed rule on Sept. 24 to replace the random H‑1B lottery with a system that weights entries by OEWS wage levels, including for the advanced‑degree exemption.
• Under the proposal, Level IV wages receive four entries, Level III three, Level II two, and Level I one, with each unique beneficiary counted only once toward the cap.
• Registrations would have to list the SOC code, area of intended employment, the highest qualifying OEWS wage level, and the beneficiary’s passport or travel‑document details, using the lowest level for multiple worksites or positions.
• If multiple employers register the same beneficiary at different wage levels, USCIS would assign the lowest reported level before applying the weighted selection, and any selected petition must match the registration and LCA exactly with only narrow updates allowed.
• Public comments are due Oct. 24, DOL’s Project Firewall launched Sept. 19 to intensify H‑1B employer investigations with potential back pay, civil penalties, or program bars, and it remains uncertain whether the new process will be ready for the FY2027 cycle.