DHS Publishes Proposed Rule Introducing Weighted Selection Process for Cap-Subject H-1B Lottery

On September 24, 2025, DHS published a Proposed Rule to implement a weighted selection process for the H-1B lottery. The proposed regulations seek to favor registrations for “higher skilled and higher paid” nonimmigrants by allocating more registrations to higher-paid workers. DHS would use the four wage levels from the Department of Labor Occupational Employment and Wage Statistics (OEWS) survey to allocate more lottery entries to registrants with higher wages. Registrants with Level I wages would receive one entry, Level II wages would receive two entries, Level III wages would receive three entries, and Level IV wages would receive four entries. 

The proposed changes will increase the amount of time needed to prepare and submit each lottery entry, as employers or their immigration attorneys will need to analyze each registrant’s job description and resume in order to match them to an OEWS occupation and therefore determine their wage level. This analysis is usually not completed until after a registrant is selected in the lottery and the employer/attorney submits a Labor Condition Application for the H-1B petition. 

The comment period on the Proposed Rule will remain open until November 24, 2025. View the Proposed Rule or submit a comment here.