The H-1B visa, a lifeline for many skilled immigrants working in the U.S., could soon see its biggest shake-up in years. The government is moving toward replacing the current random lottery with a wage-based selection system.
If this happens, the chances of getting an H-1B will depend less on luck and more on the salary your employer offers.
What’s the New Proposal?
The rule, officially called “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions”, comes from the Department of Homeland Security (DHS).
Instead of picking applications at random, USCIS would prioritize them by wage level, based on the U.S. Department of Labor’s four-tier wage structure:
Level 4: Highest wages – picked first
Level 3: Next in line
Level 2: After that
Level 1: Lowest wages – picked last
In short, the higher the salary, the better your chances.
Where Does It Stand Now?
Regulatory Review: The White House’s Office of Information and Regulatory Affairs (OIRA) has already reviewed and approved the proposal, with some changes.
Next Step: DHS will publish the rule in the Federal Register, kicking off a 30–60 day public comment period.
Final Rule: After comments are reviewed, DHS will decide whether to finalize the rule (possibly with tweaks) and set an effective date.
Who Gains and Who Loses?
Who will benefit from new wage rule:
Highly-Skilled, Senior Workers: Those in specialized or leadership roles with high salaries will have much better odds.
Big Tech & Large Employers: Companies that can offer top-tier wages will move to the front of the line.
Who will Struggle from new wage rule:
Recent Graduates & Entry-Level Workers: These positions usually fall into Level 1 or 2 wages, making selection harder. Many might run out of options after OPT or student visa expiration.
Startups & Smaller Firms: They may not be able to match the high salaries needed to compete.
What’s Next?
The proposal isn’t law yet. The comment period is your chance to speak up, whether you’re a student, a worker, an employer, or an immigration advocate.
It’s also worth noting: a similar wage-based rule was proposed in 2021 but withdrawn after legal challenges. This new version could face the same hurdles.
For now, stay alert for DHS and USCIS announcements and be ready to adapt, because if this passes, the H-1B game will no longer be about luck, it’ll be about your paycheck.
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Source : The proposed H-1B rule, officially titled "Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions," has been approved by the White House's Office of Information and Regulatory Affairs (OIRA). The official Regulation Identifier Number (RIN) for this rule is 1615-AD01. The next official step is for the rule to be published in the Federal Register, at which point its full text will be made public.