Overview
- USCIS will weight lottery entries by DOL OEWS wage level, giving Level IV four entries, Level III three, Level II two, and Level I one.
- The weighted system activates only if registrations exceed the annual cap of 65,000 plus 20,000 for U.S. advanced‑degree holders, with random selection within the weighted pool and no duplicate selections per beneficiary.
- Registrations must include wage level, SOC code, and work locations, and USCIS is expected to require petition‑level proof of the claimed wage level, raising the likelihood of RFEs and potential delays.
- Analyses indicate markedly higher selection probabilities for higher‑wage beneficiaries and lower odds for entry‑level workers, though Level I candidates retain a chance.
- A D.C. federal judge (Beryl A. Howell) upheld President Trump’s Proclamation 10973 requiring a $100,000 payment for new H‑1B petitions for beneficiaries abroad, and the Chamber of Commerce has appealed as additional lawsuits proceed.