H-1B Weighted Selection Process Proposal: What It Means for Applicants

In the past, H-1B lottery selection was largely a game of luck. Whether you were a high-paying role at a big tech company or a newly graduated candidate, everyone essentially had the same chance.

Recently, the U.S. Department of Homeland Security (DHS) has released a proposed rule (NPRM) introducing the weighted selection process. This proposal would factor in education and wage levels, giving higher-paid and higher-skilled positions a better chance in the H-1B lottery.

The NPRM is still collecting public comments until October 24, 2025. It is not yet clear whether or how it will be finalized.

Current H-1B Lottery Rules

• One lottery entry per individual, regardless of how many employers submit lottery registrations.

• Advanced degree holders (Master’s or higher) receive an additional chance in the lottery.

• Company size or wage level does not affect lottery odds.

  
  

NPRM Proposed Weighted Selection Process

• Applicants must provide SOC code, work location, and wage level when registering.

• Higher wage means more lottery entries:

  • Level 4 (Experienced / Highly Skilled): 4 entries

  • Level 3 (Experienced): 3 entries

  • Level 2 (Qualified): 2 entries

  • Level 1 (Entry-level): 1 entry

• If working for multiple positions or locations, the lottery level will be the lowest level.

• The two-round lottery system remains: 65,000 will be selected in the first round; then, an additional 20,000 will be selected from advanced-degree holders who were not selected in the first round. It has not been clarified how this mechanic will interact with the proposed weighted selection process system.

  
  

Estimated Lottery Odds under the NPRM

• Wage Level 1 → 15.3%

• Wage Level 2 → 30.6%

• Wage Level 3 → 45.9%

• Wage Level 4 → 61.6%

  
  

Note: These calculations may be optimistic. In reality, increased competition for higher-level wages could lower odds for Level 1 applicants.

Wage Level Determination

It’s possible. Obviously, you should consider negotiating a salary increase with your employer. Keep in mind that while you report the wage level during the H-1B lottery registration (typically in March), the actual wage does not need to be paid until the employee changes status to H-1B. In other words, employers are not required to raise the salary immediately.

There are other factors that can influence how wage levels are determined: e.g. full-time/part-time status, worksite location. Importantly, SOC code makes a big difference, since similar roles can fall under categories with very different wage determinations. An experienced immigration attorney can provide valuable guidance in selecting an SOC code that aligns with both the offered position and the employee’s school program, significantly improving the chances of a successful H-1B petition.

Compliance Considerations

If an applicant registers with a higher wage level but later amends the petition with a lower wage, USCIS may view this as an inconsistency and could deny the petition or even revoke the prior approval. Similarly, when changing employers, it is critical to maintain a comparable wage level. A significant drop in wages may raise compliance concerns and could even result in the denial of an H-1B transfer petition. Employers and employees should also be aware that USCIS may conduct on-site inspections to confirm payroll accuracy and prevailing wage compliance.

Conclusion

Suffice it to say, under the proposed weighted selection process, high-paying and highly skilled positions are expected to benefit the most, while new graduates and applicants from smaller companies may face increased competition.

Selecting the correct SOC code and ensuring full compliance with prevailing wage and job requirements are critical to a successful H-1B petition. Don’t leave it to chance – consult with our experienced immigration attorneys ASAP!

One last note: the H-1B final rule may differ from the current NPRM. We will continue to monitor and update as they become available.