The Department of Homeland Security (DHS) has proposed fundamental changes to the H-1B lottery process.
Currently, H-1B cap-subject petitions are electronically registered for each prospective beneficiary. If the beneficiary is chosen in the random selection process, the registrant may file the H-1B petition on their behalf. However, DHS is proposing a change to the selection process, where registrations for unique beneficiaries are weighted according to the beneficiary’s equivalent wage levels.
Specifically, the proposal would weight registrations (or petitions) for selection generally based on each beneficiary’s equivalent wage levels. When random selection is required because USCIS receives more registrations than USCIS projects to be needed to meet the numerical allocations, USCIS would conduct a weighted selection among the registrations for unique beneficiaries (or petitions) received generally based on the highest Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary’s proffered wage would equal or exceed for the relevant Standard Occupational Classification (SOC) code in the area(s) of intended employment. The proffered wage is the wage that the employer intends to pay the beneficiary.
Unique petitions for both cap-subject and cap-exempt registrations would be entered into the selection pool depending on their relevant OEWS wage level. Petitions assigned wage level IV would be entered four times into the selection pool, those assigned wage level III would be entered three times, petitions for wage level II would be entered twice, and those assigned wage level I would be entered once. According to DHS, this proposal is meant to incentivize employers to offer higher wages or submit petitions for higher skilled workers.
This is a current proposal and has not yet been implemented. We will keep you updated.