On July 31, 2025, the U.S. Citizenship and Immigration Services (USCIS) submitted a proposed rule to the Office of Management and Budget (OMB) titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.”
If implemented, this would be a major shift from the current random H1B lottery to a wage-based selection process. Instead of every registrant having an equal chance, petitions with higher salaries could get priority.
Who Would Be Most Affected?
A wage-based system would likely benefit senior-level professionals with higher salaries—think experienced engineers, IT managers, and other well-established roles. But for recent graduates and early-career workers, this could make things much harder. Many international students finishing their degrees in the U.S. already face steep competition for limited H1B slots. If wages become the deciding factor, they might lose out simply because entry-level offers can’t compete with higher-paid positions.
As somebody who got lucky and was selected in the H1B lottery, I always thought it was unfair that we are leaving our fate and future to luck. Change is good, but it has to be equitable. In reality, a change like this could only benefit senior-level roles that are paid well, and not someone who is a fresh graduate.
Final Thoughts
At this point, it’s important to remember that this is still only a proposal. The actual rule text hasn’t been released, and the federal rulemaking process is lengthy, often taking months—or even years. There is no guarantee this rule will be finalized or implemented at all.
For now, the H1B lottery system remains unchanged. But if you’re a current or future applicant, this is a development worth watching closely, as it could reshape how opportunities are distributed in the years to come.
In short: it’s not confirmed yet and may take a while to be implemented.
My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the challenges and limited options for obtaining a green card while on a tourist visa. If you’re considering adjusting your status or have questions about family-based sponsorship, employment-based petitions, or other immigration pathways, it’s essential to understand the complexities involved. If you need personalized advice or have any immigration-related concerns, I encourage you to schedule a free consultation by clicking this link.
Kaza Law PLLC
This article is general education, not legal advice. Every case turns on its specific facts. If you want guidance on your own situation, reach out and we will look at it with you.