DHS Proposes Weighted Lottery for H-1B Cap Registration
Published September 24, 2025 – Open for 30-Day Comment Period
The Department of Homeland Security (DHS) has proposed major changes to the H-1B cap lottery. Instead of today’s purely random system, DHS would implement a weighted lottery based on the wage level offered to the worker.
How the Weighted Lottery Would Work
- Each registration will be assigned entries based on the wage level (using Department of Labor’s OEWS system):
- Level IV (highest wages): 4 entries
- Level III: 3 entries
- Level II: 2 entries
- Level I (entry-level wages): 1 entry
- Higher wages mean more “tickets” in the lottery, but some randomness remains.
- Each beneficiary can only be selected once, regardless of how many employers file for them.
Key Compliance Requirements
- Employers must list the correct SOC code, wage level, and job location in the registration, and petitions must match exactly.
- For multiple worksites or wage ranges, employers must choose the lowest applicable wage level.
- Registrations must reflect bona fide job offers and align with certified LCAs.
- Supporting wage evidence (such as DOL wage printouts) may be required.
What This Means for Employers
- Incentive to offer higher wages: Higher wage levels will have a better chance of selection.
- Stricter compliance: Registrations and petitions must match precisely, reducing flexibility after submission.
- Talent planning: Employers relying on Level I or entry-level wages may see lower selection odds.
What This Means for Foreign Nationals
- Higher wages = higher chances: Workers offered higher-paying roles will have better odds of selection.
- Less advantage in multiple filings: If several employers register the same worker, the lowest wage level will control.
- Greater focus on job classification accuracy: Incorrect wage levels or SOC codes could harm chances.
Next Steps
- The proposed rule will be open for public comment for 30 days (starting September 24, 2025).
- DHS may revise the rule before issuing it in final form.
- Employers should review their H-1B strategies and consider submitting comments.
Key Takeaway
If implemented, this rule would shift the H-1B lottery in favor of higher-wage roles. Employers should begin assessing how wage levels impact their H-1B hiring plans, while foreign nationals should understand how offered wages may affect their chances of selection.
The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.