DHS Weighted H‑1B Selection Rule Clears White House Review

(WHITE HOUSE) The Department of Homeland Security’s proposed rule to introduce a Weighted Selection Process for H-1B cap cases has cleared White House review, paving the way for publication in the Federal Register and a public comment period. The Office of Information and Regulatory Affairs at the Office of Management and Budget received the rule on July 17, 2025, and concluded review on August 8, 2025 as “Consistent with Change,” under RIN 1615-AD01. The proposal is not yet in effect as of August 12, 2025. USCIS must first publish the text, take comments for 30 to 60 days, review feedback, and only then issue a final rule with a future effective date.

The text remains confidential until it appears in the Federal Register. Stakeholders expect the draft to replace or supplement the current random lottery with a system that favors registrations tied to higher offered wages and possibly advanced education. But the details—what criteria will matter, how they will be scored, and how ties will be broken—will be known only upon publication.

Policy scope and background

In concept, a Weighted Selection Process would give stronger odds to certain H-1B registrations—often those with higher wages or advanced degrees—while lowering the odds for roles paid at entry levels.

A historical touchpoint is the January 2021 DHS wage-ranking rule, which would have allocated H-1B numbers by Department of Labor prevailing wage levels (Level IV first, then III, II, and I), using a lottery only when a level had more filings than slots. That 2021 rule was postponed in early 2021 and later vacated in federal court, so it never took effect. It is unknown if the new draft mirrors that approach.

For now, the current H-1B system stays in place. USCIS will continue to run the cap using the beneficiary-centric selection framework adopted in March 2024 to combat duplicate and fraudulent registrations. That integrity rule shifted selection to focus on the named worker rather than the number of employer entries, and the agency has reported fewer multiple registrations since then.

The new weighted proposal would layer on top of cap selection, not replace the 2024 integrity checks; how both frameworks would interact will be clearer when the text is public.

• Cap-exempt H-1B filings are outside this change.
  • Employers such as universities, related nonprofits, nonprofit research organizations, and J-1 waiver physician employers do not compete in the annual H-1B cap lottery and would not be directly affected.

Potential impacts on employers and hiring

Employers are already modeling impacts. If the final rule ties selection odds to wage levels or similar measures, companies may:

• Raise offered salaries for hard-to-fill roles to improve selection chances.
• Make budget changes and conduct job-level reviews to ensure wages match duties, SOC codes, and market rates.
• Consult immigration counsel to:
  • Check wage data for target roles.
  • Map prevailing wage levels.
  • Prepare comments on how different weighting methods would affect talent pipelines.

Practical employer actions recommended now:

1. Review wage offers against Department of Labor prevailing wage levels for target roles and locations.
2. Check job descriptions and SOC codes to ensure the proper wage levels apply.
3. Model how different weighting scenarios could affect selection odds and hiring plans for 2026–2027.
4. Prepare detailed comments explaining operational realities (e.g., campus recruiting timelines, entry-level career paths, sector shortages).

Effects on foreign nationals, students, and early-career professionals

For foreign nationals—especially F-1 students on OPT and early-career candidates—a wage-weighted system could tilt the field:

• Jobs at higher pay bands and advanced U.S. degrees—especially in STEM—could improve selection odds if those criteria are adopted.
• Recent graduates who start at lower wage levels could see reduced chances.
• Many are considering:
  • Seeking cap-exempt roles at universities or affiliated nonprofits while building experience.
  • Pursuing advanced degrees to improve future H-1B profiles.

Suggested steps for individuals:

• Talk with employers about wage levels and paths to higher compensation as skills grow.
• Consider cap-exempt roles at institutions of higher education and related nonprofits.
• Explore advanced U.S. degree programs, especially in STEM, if aligned with career goals.

Timeline, practical effects, and how to engage

Here is what the coming months likely look like, based on the rulemaking process and agency signals:

1. Publication to the Federal Register
   • After OMB clearance, USCIS will publish the proposed rule with RIN 1615-AD01.
   • The notice will outline the proposal, invite public comments, and provide instructions for filing through Regulations.gov.
2. Comment period
   • Expect a 30–60 day window.
   • Employers, universities, trade groups, worker advocates, and individual applicants can file feedback.
   • Business groups are preparing data on wages, hiring cycles, and how different weighting models would shape the talent market.
3. Agency review and final rule
   • USCIS will review comments and may revise the draft before issuing a final rule with an effective date.
   • There is no fixed deadline under the Administrative Procedure Act.
   • Given the calendar, the earliest realistic impact would be the FY 2027 cap season, with registration typically in March 2026, unless DHS sets a different schedule.
4. No immediate effect
   • The rule does not change current H-1B selections.
   • The beneficiary-centric framework adopted in 2024 remains in force until a final rule says otherwise.

How stakeholders should engage now

• Employers: prepare data and comments on wage structures, hiring timelines, and operational effects.
• Universities and nonprofits: consider whether to highlight cap-exempt pathways as alternatives.
• Advocates and bar groups: model the fairness and labor-market impacts of various weighting schemes.
• Individuals: plan career and compensation strategies; consider education or cap-exempt opportunities.

Analysis and perspectives

According to analysis by VisaVerge.com, a wage-first method would likely favor senior roles and well-capitalized employers, while raising fairness questions for new graduates and smaller companies. Many in the immigration bar expect robust public comments on how to balance labor market needs with fair access for entry-level talent.

The official OIRA docket shows the proposal as “Proposed Rule; Economically Significant; Consistent with Change.” While that signals the rule’s importance, it does not reveal the criteria or scoring method. The public will see those details only when the proposed text appears in the Federal Register. At that point, stakeholders should read the definitions closely—how the rule defines wage levels, advanced degree points, or occupation categories may control outcomes.

Key takeaways and next steps

The H-1B Weighted Selection Process has moved past White House review, but nothing changes today. Watch for the Federal Register notice, plan comments, and model budgets and job levels ahead of the next cap season.

Quick checklist:

• Monitor the Federal Register for the proposed text (RIN 1615-AD01).
• Prepare comments for the expected 30–60 day public comment period.
• Review and, if needed, adjust wage offers, job descriptions, and SOC codes now.
• Consider cap-exempt employment or advanced degrees as contingency strategies.

USCIS will continue program updates on its H-1B pages. The agency’s H-1B Electronic Registration Process page remains the best starting point for cap-season mechanics, integrity measures, and timing: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process

For now, the bottom line is simple: the Weighted Selection Process proposal has cleared White House review, but it is not yet in force. The choices DHS makes in the proposed text—and the feedback it receives—will shape who gets a shot at an H-1B number in the years to come.