DHS Proposes Weighted H-1B Cap Selection System

By: Ujwala Bagal

The U.S. Department of Homeland Security (DHS) has proposed a rule to change the annual computerized H-1B cap lottery system to a Weighted H-1B Cap Selection system. If adopted, this change would shift away from the current randomized lottery system toward a weighted system that favors higher-wage positions.  Instead of all applications having equal chances, selections would be weighted based on wage levels.

Positions would be classified into 4 wage levels (I-IV) based on Department of Labor’s (DOL) Occupational Employment and Wage Statistics (OEWS) wage data. Level IV, being the highest, would be entered into the selection pool 4 times, Level III, 3 times; level II, 2 times; and level I, once.

Employers must carefully match the wage level, occupational code, and work location across both registration and petition filings.  If the candidate is selected, the employer must ensure that Form I-129 petition provided wage level is accurate and appropriate for the job.  USCIS may deny or even revoke a petition if it determines attempts to inflate or downgrade wage level to increase selection chances. If there is a possibility of a work location change, employer must ensure that documentation supports that the job offer was genuine at registration.

The proposed rule has cleared review by Office of Management and Budget (OMB). On September 24, 2025, it will be published for 30 days in the Federal Register for public comment. Once the comment period closes, a final rule will be issued with implementation expected no earlier than the Fiscal Year 2027 H-1B cap season.

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