DHS Advances H-1B Reform: Registration Lottery Rule Now Open for Public Comment

Key Point 

• DHS proposes a new weighted selection process for H-1B visa registrations that favors higher-paid and more skilled foreign workers 

H-1B Weighted Registration Reform 

The Department of Homeland Security (DHS) has issued a Notice of Proposed Rulemaking to revise the H-1B visa registration process by introducing a weighted lottery system. Under this proposal, U.S. Citizenship and Immigration Services (USCIS) would assign multiple entries into the selection pool based on the wage level offered to each beneficiary:

• Wage Level IV: entered into the selection pool four times
• Wage Level III: entered into the selection pool three times
• Wage Level II: entered into the selection pool two times
• Wage Level I: entered into the selection pool one time

This reform aims to incentivize employers to offer competitive wages and reduce the dominance of lower-wage petitions in the H-1B cap selection. The rule maintains opportunities across all wage levels while enhancing fairness and integrity in the selection process. 

Rulemaking Timeline 

This proposed rule is not yet final. It is currently in the Notice of Proposed Rulemaking (NPRM) stage, which means the public has an opportunity to weigh in. Here’s what to expect next:

• Public Comment Period: Employers, advocacy groups and individuals can submit feedback on the proposal through the Federal Register. 
• Review and Revision: DHS will evaluate submitted comments and may revise the rule accordingly. 
• Final Rule Publication: If adopted, the final version will be published in the Federal Register with an effective date and implementation guidance. 

Related Policy Update: H-1B Updates

This proposal aligns with broader efforts to reshape the H-1B program, including President Trump’s recent proclamation imposing a $100,000 fee on new H-1B petitions filed from abroad. That policy also aims to prioritize higher-skilled foreign workers and reduce lower-wage filings. For more details, see Envoy Global’s coverage of the proclamation here. 

Next Step in the H-1B Weighted Registration Rule’s Journey  

Prior to its publication, the weighted selection rule cleared review by the Office of Management and Budget (OMB)—a key procedural milestone in the federal rulemaking process. For background on that development, see Envoy Global’s earlier update here. 

Additional Resources for Employers and Employees 

To help employers navigate the potential implications of the proposed $100K H-1B fee, Envoy Global has published an in-depth FAQ featuring insights from U.S. immigration attorneys. This resource includes the latest updates from the U.S. government, current guidance on international travel and key questions that remain unresolved.

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