The U.S. Department of Homeland Security (DHS) published its final rule prioritizing the allocation of H-1B visas to higher-skilled and higher-paid workers in the Federal Register on Dec. 29, 2025.
The new rule replaces the random lottery for selecting visa recipients with a process that gives greater weight to those in higher-paid roles with higher education and experience requirements.
This rule follows a notice of proposed rulemaking (NPRM) issued on this topic on Sept. 24, 2025, called Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions, 90 FR 45986 (Sept. 24, 2025). Please see our prior GT Blog for further details on the NPRM.
The final rule replaces the current random H‑1B lottery with a weighted system that assigns multiple entries to each registrant based on the proffered wage level, as determined by the Department of Labor (DOL)’s Occupational Employment and Wage Statistics (OEWS) structure. According to the posted final rule, high wage offers may get more entries, increasing chances of selection.
- Wage Level IV (roles requiring advanced education/experience, often leadership or highly specialized roles) → 4 entries
- Wage Level III (roles requiring advanced education/experience handling complex tasks; may supervise others) → 3 entries
- Wage Level II (roles requiring some experience involving moderately complex tasks with limited supervision) → 2 entries
- Wage Level I (entry-level roles requiring basic understanding and performing routine tasks under close supervision) → 1 entry
As such, higher-paid foreign workers who are being offered senior roles requiring higher education levels and/or more work experience would have higher chances of selection. Candidates for entry-level roles will still have the opportunity to participate; however, they may face lower chances of selection.
Now that DHS has finalized and published its rule, employers may wish to consider strategically positioning their H‑1B filings within this new weighted system by proactively addressing wage levels, wage source documentation, and regulatory compliance.
Based on the published final rule, employers should consider the following:
- Strategic Wage Positioning
- More senior roles, paired with a higher wage, may see higher odds for approval: Consider senior roles with compensation that meets higher wage levels.
- Prevailing Wage Compliance
- Offering higher wages alone is not sufficient: the offered wage level must be assigned based on:
- The proper DOL classification of the offered role; and
- The actual education and work experience requirements for the offered role.
- Maintain documentation to support wage assignments and withstand DOL/U.S. Citizenship and Immigration Services review.
- Offering higher wages alone is not sufficient: the offered wage level must be assigned based on:
- Recruitment & Budget Planning
- Adjust budgets to accommodate wage increases for higher-weighted entries.
- Incorporate these changes into annual workforce strategies and financial forecasts.
- Informed Submission Timing
- Plan wage and position decisions well before the registration period, as wage info must be included in initial registration, not later during filing.