USCIS announced today the impending publication of a final rule which will significantly change the H-1B lottery system. The rule, expected to be published on December 29, 2025, will be effective February 27, 2026, and impact this spring’s upcoming lottery. Based on preliminary proposed language, the lottery which had been a random selection process, will be weighted based on salary measured against the U.S. Department of Labor's prevailing wage leveling system.
The DOL has four wage levels, with “Level 1” the lowest and “Level 4” the highest. The proposed language released this fall indicated that those whose proposed salaries meets or exceeds the “Level 4” wage will receive four chances at the lottery; “Level 3” wage (but not yet at the Level 4 wage) will receive three chances; “Level 2” will receive 2 chances; and “Level 1” will receive one.
As background those seeking H-1B status must go through the H-1B lottery if they do not yet have H-1B status or have H-1B status but currently works for a cap-exempt employer (e.g., college, university, non-profit research organization, or government research organization).
We will continue to monitor this latest development and keep you posted.
This information has been provided for educational purposes only. Please check with your Clark Lau LLC attorney to see how this impacts you.