DHS Proposes New Weighted System for H-1B Visa Lottery

The Department of Homeland Security (DHS) has proposed a significant change to the H-1B visa lottery system, shifting from a random selection process to a weighted system that prioritizes higher salaries offered by U.S. employers. This proposal, issued on September 24, 2025, aims to enhance the selection process for H-1B visas, which are essential for many skilled foreign workers seeking employment in the United States.

Currently, the H-1B visa program allocates a total of 85,000 visas each fiscal year, beginning on October 1. This includes 65,000 visas for applicants without prior H-1B status and an additional 20,000 visas for those holding U.S. advanced degrees. Each year, demand for these visas far exceeds the available supply. As a result, U.S. Citizenship and Immigration Services (USCIS) conducts a random lottery for applicants who register through an online portal that opens every March.

The existing lottery system treats all registrants uniformly, though those with U.S. advanced degrees receive a slight advantage due to an additional chance in a separate lottery. Those already holding H-1B status are not required to participate in the annual lottery when changing employers or extending their status, and H-1B workers at cap-exempt organizations, such as universities, are also exempt from this lottery unless they switch to a cap-subject employer.

The proposed changes introduce a new framework that emphasizes salary levels based on the Department of Labor’s Occupational Employment and Wage Statistics (OES). Under the proposed system, occupations are classified into four wage levels, with Level 1 representing the lowest average wage and Level 4 the highest. The new process would give applicants with higher wages multiple entries in the lottery, enhancing their chances of selection.

Specifically, the proposal outlines the following entry allocation based on wage level:
– Level IV: 4 entries
– Level III: 3 entries
– Level II: 2 entries
– Level I: 1 entry

Under this system, higher-paid and higher-skilled workers would statistically gain an advantage in securing H-1B visas. Each applicant would still be limited to a single registration, preventing employers from submitting multiple entries for the same individual to manipulate their chances of selection.

In addition to the changes in selection criteria, the lottery registration process will require more detailed information than before. Registrations must include the highest OES wage level that the offered salary meets or exceeds, the Standard Occupational Classification (SOC) code for the position, and the geographic area of intended employment. If a position has multiple work sites, the wage level must reflect the lowest wage for the registered position.

Once selected, the information provided in the H-1B petition must align with the details submitted during the lottery registration. USCIS will have the authority to deny any petition if discrepancies arise or if the wage level is lowered after selection but before petition submission. Additionally, USCIS will assess the bona fide nature of the job offer.

To address potential technical issues with the new registration system, the proposal includes provisions for handling any interruptions. In the event of a suspension, USCIS may direct employers to file petitions that will be subject to the new weighted selection process.

The DHS is inviting comments from the public on this proposed rule until November 24, 2025. If implemented, the final rule is expected to be in effect for the Fiscal Year 2027 lottery process scheduled for March 2026, which will allocate visas for the forthcoming fiscal year beginning October 1, 2026.