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The New Rule for H-1B Work Visa Selection Process?


Question:

What is the DHS new rule for  H-1B work visa selection process?

Answer:

The Department of Homeland Security is amending regulations governing the H-1B work visa selection process to prioritize the allocation of visas to higher-skilled and higher-paid aliens to better protect the wages, working conditions, and job opportunities for American workers.

The new H-1B rule implements a weighted lottery system, replacing the old random draw, to favor higher-paid, higher-skilled workers for the FY2027 season. Registrations are assigned multiple entries based on the Department of Labor's (DOL) four wage levels, with Wage Level IV getting 4 entries, Level III getting 3, Level II getting 2, and Level I getting 1, increasing selection odds for higher-paid roles. This aims to protect U.S. worker wages and curb program abuse, requiring accurate wage and job info in registrations.

The new rule replaces the random lottery for selecting visa recipients with a process that gives greater weight to those with higher skills. The new weighted selection will better serve Congress’ intent for the H-1B program and strengthen America’s competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers.

The rule is another crucial step to strengthen the integrity of the H-1B nonimmigrant visa program. It is in line with other key changes the administration has made, such as the Presidential Proclamation that requires employers to pay an additional $100,000 per visa as a condition of eligibility.

For wage-based entries, each H-1B registration gets a weight based on the offered wage compared to the DOL's Occupational Employment and Wage Statistics (OEWS):
  • Wage Level IV (Highest): 4 entries in the lottery pool.
  • Wage Level III: 3 entries.
  • Wage Level II: 2 entries.
  • Wage Level I (Entry-Level): 1 entry.


 
 
 


 



 

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