DHS Proposes H-1B Rule That Favors Higher-Paid Workers In Lottery

The Department of Homeland Security proposed a rule September 24 that would replace the current random H-1B visa lottery with a weighted selection system that favors beneficiaries in higher-paying jobs. Under the proposed rule, when registering for the H-1B lottery, employers would need to provide the offered wage, the corresponding wage level, the job’s SOC code, and the work location.

Lottery entries would then be weighted based on the beneficiary’s wage level, with beneficiaries in wage level IV (the highest wage level) entered into the lottery four times, beneficiaries in level III entered three times, beneficiaries in level II entered twice, and beneficiaries in wage level I entered once. If multiple employers submit a lottery registration for the same beneficiary, the weighting will be based on the lowest wage level among those submissions.

The deadline for public comments on the main rule is October 24. Comments on information collection requirements are due November 24.

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.