H-1B Visa Lottery May End Soon, Wage-Based Priority Over Lottery. White House Clears Wage-Based Rule for Review Aug 2025

The White House office has approved a proposed rule "Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject to File Cap-Subject H-1B Petitions", that could overhaul how H-1B visas are allocated. (Source: NAFSA)

Instead of the current random lottery system, the proposed rule (when it becomes a rule) is expected to prioritize petitions offering higher wages a move last attempted under the Trump administration.

Important Changes to the Current "H-1B Lottery Selection"

• Under the current system USCIS uses random lottery to select 85,000 (65,000 for regular cap and 20,000 under Master's Cap) H-1B annually.

• The proposed rule will ensure the numbers are allocated based on wage levels (Tier 4 highest, Tier 1 lowest).

Current Status of Proposed Rule

The Office of Management and Budget (OMB) cleared the rule on Aug. 8, 2025, and will send it back to USCIS.

1. Next, USCIS will publish it in the Federal Register so the public can give feedback.

2. This is only the proposal stage, so nothing changes yet.

3. After the comment period, USCIS will review the feedback,

4. Make any changes, send the final version back to OMB, and

5. Then publish the final rule in the Federal Register.

Earlier on July 17, 2025, USCIS submitted the package for OMB review.

It will take several months or even longer, before it could become a final rule, and it would only take effect on a future date after that.

Summary

If the new rule is approved and implemented, this H-1B wage-prioritized selection could reshape hiring strategies for U.S. companies and career planning for foreign talent.

If it eventually becomes a final rule, it could give priority to high-paying jobs in tech and other specialized fields, may reduce chances for lower-wage or entry-level positions.

Immigration law is changing fast stay updated.