ARTICLE
7 October 2025

Understanding The H-1B Lottery Weighted Rule Proposal

BT
Barnes & Thornburg LLP

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The proposed rule is a significant departure from the historical H-1B lottery process. While some employers may benefit from this change, others may encounter...
United States Employment and HR

Highlights

  • The U.S. Department of Homeland Security (DHS) recently announced their intention to significantly change the H-1B lottery.
  • The DHS proposal would replace the current random lottery with a weighted selection process.
  • Under the proposal, DHS would prioritize registrations noting higher wage levels than registrations listing lower wage levels.

The proposed rule is a significant departure from the historical H-1B lottery process. While some employers may benefit from this change, others may encounter a dramatically lower chance of selection in the H-1B lottery. In this video Q&A, we'll break down what the proposed rule entails and potential impact on organizations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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