
Understanding the New H-1B Lottery Proposal
The U.S. Department of Homeland Security (DHS) has proposed a significant change to the way H-1B visas are allocated, shifting from a random lottery system to a wage-based lottery. This shift, announced on September 23, 2025, aligns with recent initiatives from the White House, particularly the implementation of a $100,000 filing fee aimed at attracting higher-skilled workers. Under this new framework, employers will have increased chances of selection based on the wage levels they are offering, with higher levels of compensation earning multiple submissions.
The Implications for Employers and Job Seekers
Under the proposed system, positions classified as Level IV will be granted four entries, while Level III, II, and I will receive three, two, and one entries, respectively. This means that organizations prioritizing higher wages will find themselves with a more substantial advantage in the recruitment process. Employers heavily reliant on entry-level talent - often seen in industries such as technology and healthcare - may find their access to new talent significantly restricted as these roles become less favorable in the selection process.
Understanding the Potential Risks
This wage-based approach raises concerns regarding regional pay disparities and fairness in skilled labor distribution across industries and geographic areas. Notably, a similar approach proposed during the Trump administration faced legal challenges and was ultimately halted. As the current proposal is open for public comment for 30 days, industry stakeholders are encouraged to voice their opinions, culminating in potential adjustments to the final regulation.
Next Steps for Businesses
Organizations must act swiftly to assess their wage structures and job classifications in anticipation of the changes. This includes a thorough review of the potential effects on entry-level hiring practices and strategic planning for fiscal year 2026. Collaboration among talent acquisition, compliance, and leadership teams will be essential in preparing for this major policy shift.
Why This Matters
If approved, this rule could significantly reshape the H-1B process, favoring higher-paid, experienced talent and changing how companies approach recruitment and workforce planning. As we await the finalization of these regulations, businesses must remain vigilant and proactive in adapting to an evolving immigration landscape.
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