NewsFlash! DHS Proposes Weighted Selection Rule for H1B Registration

On September 24, 2025, the U.S. Department of Homeland Security (DHS) will publish a proposed rule in the Federal Register titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” If finalized, the rule would change the H1B cap registration process from a purely random lottery to a weighted selection system based on the wage level offered to the beneficiary.

Key Details of the Proposed Rule

Under the proposed weighted selection system, H1B registrations with higher wage levels, as determined under the Department of Labor’s Occupational Employment and Wage Statistics (OEWS), would receive more entries in the selection pool, increasing their chances of selection:

• Wage Level IV: 4 entries
• Wage Level III: 3 entries
• Wage Level II: 2 entries
• Wage Level I: 1 entry

Timeline and Comment Period

The NPRM will be published 24.Sep.2025. The public will have 30 days from the date of publication to submit comments on the proposed rule. After reviewing public feedback, the DHS may revise the proposal before issuing a final rule.

Conclusion

The proposed weighted selection process, if implemented, represents a significant shift in how the USCIS handles the H1B cap registration system. Employers and other stakeholders should review the proposal carefully and consider submitting comments during the designated period.

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