The Department of Homeland Security (DHS) published a proposed change to the H-1B visa program on September 24, 2025. The proposal would replace the current random lottery system with a wage-based selection system, giving higher-paid positions more entries in the lottery and potentially increasing their chances of approval.
Under the new system, each H-1B registration would be assigned a number of entries based on the offered wage level. This is a dramatic shift from the current “one registration, one entry” model. The wage levels and corresponding entries will be as follows:
Level I (Entry-Level): 1 entry in the lottery pool
Level II: 2 entries
Level III: 3 entries
Level IV (Highest Paid): 4 entries
Based on DHS’s analysis, this tiered approach would have a substantial impact on a registration’s odds of being selected. The projected change in selection probability is as follows:
Level I: Selection probability decreases by approx. 48%, to 15.29%
Level II: Increases by approx. 3%, to 30.58%
Level III: Increases by approx. 55%, to 45.87%
Level IV: Increasing by approx. 107%, to 61.16%
This proposed rule could fundamentally change your H-1B hiring strategy. The public comment period is open for 30 days, and we will continue to monitor the rule’s progress and provide updates. For any questions regarding your H-1B strategy or this proposed rule, please do not hesitate to contact our office.