New H-1B Lottery Selection Process

In December 2025, USCIS issued a new rule changing how the H-1B visa lottery process will be handled this year. Arguing that the prior lottery process was exploited by employers flooding the selection pool with low-skilled workers being paid low wages, USCIS is now implementing a weighted selection process where applicants who are being paid a higher wage will have better odds at being selected in the lottery.

How will this work? Under the law, employers must pay H-1B workers a “required wage” usually based on surveys that provide the typical salaries for an occupation at particular geographic locations. One of these surveys is called the Occupational Employment and Wage Statistics (OES) survey. The OES provides 4 wage levels for an occupation at the designated place of employment. An employer has to conduct an analysis to determine the wage level that applies to the position offered to the H-1B employee. In order to file an H-1B petition, the employer generally needs to pay a salary at or above the applicable wage level.

Now, in addition to using these wage levels as part of H-1B wage requirement calculus, USCIS will be using these wage levels for purposes of the H-1B lottery selection process. Under this new rule, prospective H-1B employees receiving a higher salary (wage level) will have a better chance of being selected:

• Applicants whose salary meets the wage level 4 will be entered into the selection pool 4 times

• Applicants meeting wage level 3 will be entered into the selection pool 3 times

• Applicants meeting wage level 2 will be entered into the selection pool 2 times

• Applicants whose salary only meets wage level 1 will be entered into the selection pool 1 time

If you have any questions about USCIS’ new H-1B visa lottery process rule, or want to discuss how to change from TN to H-1B visa status, please contact our office.