DHS Proposes Weighted Selection for H1B

October 1, 2025

On September 24, 2025, the Department of Homeland Security (DHS) is expected to publish a notice of proposed rulemaking (NPRM) in the Federal Register titled “Weighted Selection Process for Registrants and Petitioners Seeking to File CapSubject H1B Petitions.” Under this proposal, DHS would shift the H1B cap registration scheme from a pure lottery to a system that gives greater weight (i.e. more “entries”) to registrations based on the wage level offered to the beneficiary.

What the Proposed Rule Would Do

If adopted, the weighted selection approach would mean that H1B registrations tied to higher wages receive more chances in the lottery pool. Specifically:

• Registrations categorized as Wage Level I would receive one entry
• Wage Level II would receive two entries
• Wage Level III would receive three entries
• Wage Level IV would receive four entries

These wage levels reference the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) system, which classifies wage levels by geographic region and job category.

Essentially, the greater the wage offered (within the OEWS framework), the higher the probability of selection.

Timing, Comment Period & Implementation Risks

• The NPRM is slated for publication on September 24, 2025.
• From that date, there will be a 30day window during which the public may submit comments.
• After considering feedback, DHS may revise the proposal before issuing a final rule.
• Until a final rule is published, the existing random lottery system remains in effect.

Because this change would represent one of the biggest shifts to the H1B registration system in recent years, employers, trade associations, immigration advocacy organizations, and other stakeholders should closely review the proposal and consider participating in the public comment process.

Implications for Employers & Applicants

This shift toward a weighted system has both practical and strategic implications:

1. Greater incentive to offer competitive wages
   Employers who pay closer to or above the top wage level may improve their odds of selection. This could motivate firms to reevaluate wage offerings or job classifications.
2. Potential disparities across industries and roles
   Fields or regions where wages traditionally are lower might struggle comparatively under a weighted system, especially for smaller employers with tighter budgets.
3. Increased emphasis on wage-level justification
   Because payroll and wage level categorization would influence selection odds, petitioners must be diligent in documenting correct wage levels, geographic differentials, and comparable industry standards.
4. Possibility of litigation or challenge
   If adopted, we may anticipate legal challenges or further revisions, particularly from groups concerned about fairness or access.

Conclusion
If finalized, DHS’s proposed weighted selection system would mark a major departure from the longstanding H1B lottery model. Employers and immigration counsel must remain vigilant in reviewing the proposal, assessing its impact on existing and prospective petitions, and participating in the public commentary process.

If you’d like assistance in evaluating how this change might affect your sponsorship plans—or need help drafting comments or adjusting wage strategies—feel free to reach out to our firm.