Key Takeaways
- DHS has proposed replacing the random H-1B visa lottery with a wage-based system.
- Higher-paid workers would get more entries in the lottery, lowering chances for entry-level applicants.
- A new $100,000 H-1B petition fee adds financial pressure on employers.
- Supporters argue the change promotes fair wages and aligns with the visa’s original intent.
- Critics warn startups, smaller companies, and recent graduates could be disadvantaged.
H-1B Lottery May Shift to Wage-Based Selection Under DHS Plan
The Department of Homeland Security (DHS), under the Trump administration, has proposed replacing the H-1B visa lottery with a wage-based selection process.
This follows the announcement of a $100,000 visa petition fee, signaling a significant policy shift in how U.S. companies recruit foreign workers under the program.
How the Weighted System Would Work
The proposed rule would allow multiple entries into the lottery depending on salary bands. Level IV wage earners (64th percentile) would get four entries, while Level I workers (17th percentile) would only receive one.
DHS projects this will double the odds for top earners while reducing selection chances for entry-level workers by nearly half.
Supporters See a Push Toward Balance
Advocates argue the changes will encourage fair wages and more senior-level hiring. Boundless Immigration CEO Xiao Wang said the rule “nudges employers to offer stronger wages and petition for more senior roles,” though opportunities remain across all levels.
DHS also stated that the proposal supports the visa’s original purpose: attracting highly skilled professionals in specialty fields.
Critics Warn of Disadvantages
Critics say the proposal could burden startups, smaller firms, and international graduates. Venture capitalist Deedy Das warned the system may be “really bad for startups” and open to abuse.
Concerns also extend to STEM students and new professionals who may find it harder to compete for limited spots.
For HR professionals and students preparing for SHRM-CP, SHRM-SCP, PHR, or SPHR exams, understanding visa policies is essential.
Workforce planning, compliance, and talent strategy are heavily influenced by immigration rules. This proposal highlights how government regulations directly impact recruitment strategies and global mobility, topics often covered in HR certification exams.
What’s Next
The rule is open for a 30-day public comment period before review. If finalized, the wage-based system could be implemented for the fiscal year 2026 H-1B lottery, reshaping access to the program’s 85,000 visas.
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