Overview

• USCIS published a proposed rule (90 FR 45986) on September 24, 2025, opening public comments through October 24 to revise how cap‑subject H‑1B registrations are selected.
• The proposal would assign entries based on OEWS wage levels—Level IV gets four entries, Level III three, Level II two, and Level I one—covering 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 about 29.59% under today’s random system.
• USCIS projects a redistribution of visas across wage tiers, including Level I selections dropping from an estimated 23,830 under random selection to 13,731 under the weighted system.
• The rule would apply only to new cap‑subject registrations and would require wage level, SOC code, and worksite at registration with consistency enforced; USCIS could deny or revoke filings that appear to manipulate the process, and existing H‑1Bs and post‑cap filings remain unaffected.