Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions

October 6, 2025

On September 24, 2025, the Department of Homeland Security (DHS) proposed a rule to change the H-1B lottery system from a purely random selection process to a weighted selection process based on the worker's proposed wage level. The proposed rule, titled "Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions," aims to encourage employers to offer higher wages and petition for higher-skilled, higher-paid professionals.

The primary method to incentivize employers is the introduction of a weighted selection mechanism, which uses the Occupational Employment and Wage Statistics (OEWS) system. Registrations are weighted for selection based on the worker's proffered wage (the wage the employer intends to pay), relative to the prevailing wage level for the occupation and area of employment.

Each unique beneficiary would be entered into the selection pool multiple times based on their assigned OEWS wage level:

  • Wage Level IV: Entered four times (highest priority).
  • Wage Level III: Entered three times.
  • Wage Level II: Entered two times.
  • Wage Level I: Entered one time (lowest priority).

This weighted system would apply to all registrations subject to the regular H-1B cap and those eligible for the advanced degree exemption. Since this is at the proposed rule stage, a final rule would not be issued until after the agency reviews public comments. Because organizations like UC Berkeley are cap-exempt employers, it is unlikely that this new rule would impact the hiring of H-1B employees at UC Berkeley specifically.