DHS proposes weighted selection of H-1B cap registrations based on wage level

On September 24, 2025, the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that would change the H-1B cap registration selection process from a random lottery to a weighted selection process based on a beneficiary’s proffered wage level as determined by the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) data (i.e., wage levels I – IV).  Specifically, under this proposed rule, beneficiaries would be entered into the registration selection pool in a weighted manner as follows:

• beneficiaries assigned wage level IV would be entered into the selection pool four times;
• beneficiaries assigned wage level III would be entered into the selection pool three times;
• beneficiaries assigned wage level II would be entered into the selection pool two times; and
• beneficiaries assigned wage level I would be entered into the selection pool once.

The proposed rule would require employers to indicate the relevant Standard Occupational Classification (SOC) code, area(s) of intended employment, and highest OEWS wage level that a beneficiary’s proffered wage equals or exceeds for each H-1B registration they submit. An H-1B petition filed for a beneficiary selected under this weighted process would need to include evidence that the SOC code, area(s) of proposed employment, and OEWS wage level selected on the registration were appropriate for the proffered occupation, and USCIS could deny or revoke the petition if it determines that the appropriate selections were not made.

This proposed rule could be finalized ahead of the FY 2027 H-1B cap registration process, which we anticipate will take place in March 2026, and would significantly reduce the chance of selection of entry-level employees (i.e., beneficiaries who would be paid at the level I wage rate). DHS is accepting public feedback on the proposed rule for 30 days from publication, and after reviewing public feedback, may revise the proposal before issuing a final rule. We will issue further updates as they become available.

If you have any questions or need additional information about this alert, please feel free to contact the HSF Kramer Immigration Group.