Monday Legal Lens: Proposed Change to Weighted Entries in the H-1B Lottery

The Department of Homeland Security (DHS) has announced a proposed regulation that could significantly change how the H-1B cap lottery is conducted. Instead of giving all eligible beneficiaries equal odds of selection, the new system would favor those with higher wages based on the Department of Labor’s four-level prevailing wage system.

What Is Being Proposed​

Under this proposal, entries into the H-1B lottery would be weighted according to the wage level offered by the employer:

• Level 4 (highest wage): 4 entries
• Level 3: 3 entries
• Level 2: 2 entries
• Level 1 (entry-level positions): 1 entry

This means that foreign workers with higher salaries would have better odds of being selected, while entry-level professionals would face reduced chances.

Why This Matters

The H-1B program has long been essential for U.S. employers seeking to fill critical roles in industries such as technology, engineering, and healthcare.

• Critics argue that this proposal may limit opportunities for younger professionals and smaller businesses that cannot offer top-tier wages.
• Supporters say it could incentivize employers to raise wages for foreign workers, better protecting U.S. workers in the same fields.

Timeline

• The public comment period will open on September 24, 2025, and last for 30 days.
• The proposal will not take effect unless it completes the federal rulemaking process and is finalized — a process that typically takes several months.
• Legal challenges are likely if the regulation is finalized.

What You Should Do Now
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• Employers: Monitor this proposal closely, as it may impact hiring strategies and labor costs.
• Foreign workers and students: Be aware that your wage level may soon directly affect your H-1B lottery chances.
• Stay informed: Public feedback will be critical during the 30-day comment window.

📩 For questions about how this proposed rule could affect your H-1B application, contact us at [email protected]

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].