On September 24, 2025, the U.S. Department of Homeland Security (DHS) published a proposed rule (Federal Register : Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions) that could fundamentally change how H-1B visas are awarded. 

The Current System 
U.S. Citizenship and Immigration Services (USCIS) allots a set number of H-1B visas each year—65,000 under the “regular cap” and an additional 20,000 for individuals with a U.S. master’s degree or higher. Selections are made through a random lottery each March, with no preference given to wage levels. 

The Proposed Change 
DHS is proposing to replace the random lottery with a weighted selection system that gives preference to higher-paid workers. Under this system, the number of “entries” each registration receives would depend on the wage level offered: 

• Level IV (fully competent workers, ~67th percentile): 4 entries 
• Level III (experienced workers, ~50th percentile): 3 entries 
• Level II (qualified workers, ~34th percentile): 2 entries 
• Level I (entry-level, ~17th percentile): 1 entry 

In other words, a foreign national offered a Level IV wage would have four times the chance of being selected compared to someone offered an entry-level wage. 

What This Means for Employers 
While the rule is still in the proposal stage, employers should begin evaluating how a wage-weighted lottery might affect their workforce planning.  Consider: 

• Reviewing how your H-1B roles align with wage levels. 
• Coordinating with immigration counsel to assess potential impacts. 
• Engaging internal stakeholders early to plan for possible changes for the upcoming 2027 H-1B CAP fiscal season.    

The weighted H-1B lottery rule is still a proposal at this stage and remains available for feedback for a 30-day public comment period.   After the comment period closes, DHS may revise the rule and finalize it. Once finalized, the rule could be promulgated in time to impact the upcoming Fiscal Year 2027 H-1B CAP season, which will take place during March/April 2026.  

Foster will provide additional information as it becomes available via future Immigration Updates© and on our firm’s website at www.fosterglobal.com.