September Relaunch: exclusive discounts coming soon
Xender Facebook logo Linkedin logo Instagram logo Youtube logo
  (+1) 469 463 5461
WhatsApp
WhatsApp Message
Perplexity ChatGPT Claude Gemini

A Clear Breakdown of The Proposed Wage-based H-1B Visa Lottery Rule

Perplexity ChatGPT Claude Gemini
A Clear Breakdown of The Proposed Wage-based H-1B Visa Lottery Rule

A proposed immigration regulation aims to bring a major transformation to the H-1B lottery system. This transformation hinges on weighing the H-1B lottery based on four different salary levels tied to the Department of Labor’s (DOL) four-tier wage system.

You can read about the proposed plan in a news article we have covered previously. Here, we have offered a clear breakdown of how these wage tiers are supposed to contribute to the lottery, backed up by the numbers released to the press.

A comprehensive breakdown of the proposed H-1B lottery rule

There are four wage tiers according to the Department of Labor’s guidelines. In compliance with the four tiers, an H-1B candidate with a Level IV wage offer would be entered into the lottery four times. Consequently, the level III, level II, and Level I beneficiaries will get three times, two times, and one time chance respectively.

The H-1B has an annual quota of 85,000 applications. However, due to the exceeding demand, a random lottery is always conducted post E-registration of the beneficiaries. The sponsoring employers then tend to file a detailed H-1B application for the candidates winning the lottery. Hence, under the current system, the chance will be evenly distributed with all categories of beneficiaries enjoying an equal odds of around 29.59%.

However, the revision completely redistributes these odds, favouring the high-salaried level-IV category at the expense of the other three categories. If the proposed rule is implemented, the lottery selection probability table would look somewhat like the following:

Salary Level Current System Proposed Rule
Level I 29.59% 15.29%
Level II 29.59% 30.58%
Level III 29.59% 45.87%
Level IV 29.59% 61.16%

Hence, as clearly discernible from the chart, the probability of selection doubles for the Level IV applicants. On the contrary, it was almost cut to half for the Level I (lower wage) applicants.

What the data shows

To summarise this data, according to the National Foundation for American Policy, the probability of the USCIS selecting an individual at Level IV for an H-1B petition would skyrocket by a staggering 107% but fall by 48% for the petitioners at Level I.

In essence, the rule will tilt the balance of favour towards the senior and mid-career professionals, while handicapping those in the entry-level roles. Currently, the rule is facing widespread questions from individuals and groups, including the Executive Director of NFAP, Stuart Anderson, Doug Rand (Former DHS official), and others.

As one of the leading EB-1A experts, we are covering grounds on all the volatile transformations in the U.S. immigration landscape. Stay tuned to us to get all the latest updates and insights.

Recent Post
Everything You Need to Know About USCIS Policy on Public Charge
Everything You Need to Know About USCIS Policy on Public Charge

If you are a visa aspirant, it is always best to have a clear grasp of the U.S. immigration requirements and laws. One such important legal formulation is the policy on public change.
MAGA Rift Deepens: Influencer Blasts H-1B Critics, Defends Indian Professionals
MAGA Rift Deepens: Influencer Blasts H-1B Critics, Defends Indian Professionals

In a surprising turn of events, the H-1B visa debate has sparked a fierce internal conflict within the conservative Make America Great Again (MAGA) movement.

H-1B Workers May Lose Their 60-Day Safety Net: What the New DHS Proposal Means for Indian Professionals
H-1B Workers May Lose Their 60-Day Safety Net: What the New DHS Proposal Means for Indian Professionals

For around a decade, the 60-day grace period has quietly functioned as one of the most important safety valves in America's high-skilled immigration system. It is a modest cushion that gives H-1B workers time to find a new job or switch visa status. If nothing else, it is a great window to wind down their lives in the US after a layoff. That cushion may now be about to disappear. On August 6, 2026, the Department of Homeland Security sent a proposed rule titled "Eliminating the Discretionary 60-day Grace Period" (RIN 1615-AD22) to the White House's Office of Information and Regulatory Affairs (OIRA) for review.

H-1B Visa Fee Rises Again: Trump Administration Moves to Make $103,265 Charge Permanent
H-1B Visa Fee Rises Again: Trump Administration Moves to Make $103,265 Charge Permanent

The Trump administration has taken its second run at imposing a new six-figure fee on the H-1B skilled-worker visa program. A proposed regulation released on Monday, August 24, aims to codify a new $103,265 charge on new H-1B petitions. This would be the second attempt of the administration to impose an H-1B fee, after a federal court struck down its first attempt in June. The move, reported by Reuters and confirmed across multiple outlets, marks the latest escalation in an already contentious fight over the future cost of hiring foreign skilled workers in the United States.
September 2026 Visa Bulletin: EB-2 India Still Unavailable, EB-1 India Holds
September 2026 Visa Bulletin: EB-2 India Still Unavailable, EB-1 India Holds

The U.S. Department of State has released its Visa Bulletin for September 2026, the final bulletin of fiscal year 2026. For Indian green card applicants in particular, it brings more of the same uneasy holding pattern that has defined much of the past two months. Like the last few times, there is no forward movement in the categories that matter most and continued unavailability in one of the largest employment-based lanes. Moreover, now, there is also a standing warning that things could still get worse before the fiscal year closes on September 30.
Can You Change Jobs After EB-1 Approval? EB1A Consultants Explain
Can You Change Jobs After EB-1 Approval? EB1A Consultants Explain

You may at some point or other have to rethink and reconsider your career in the tech industry and other innovative fields. It is natural to ask whether there will be any complications if you make career transition decisions while holding onto an approved EB-1A green card. Though there are some relaxations in the protocols about job changes in EB-1A, you need to have a clear idea of how exactly it can impact your overall approval.
Second US Appeals Court Nods to Trump’s Immigration Detention Policy
Second US Appeals Court Nods to Trump’s Immigration Detention Policy

A U.S. Appeals court endorsed the Trump administration’s proposed policy of mandatory detention of immigration suspects without the right to be released on bond. This important ruling will impact numerous cases in Minnesota, along with six other states. This would be the second time a panel of a regional appeals court upheld the Trump administration’s mass-detention policy after the lower-court judges had found it unlawful.

US Green Card Approvals Drop Sharply, With Indians Among the Hardest Hit: What the Data Shows
US Green Card Approvals Drop Sharply, With Indians Among the Hardest Hit: What the Data Shows

New data drawn from U.S. Citizenship and Immigration Services (USCIS) figures show a sharp decline in green card approvals over the past year. Moreover, the Indian applicants are absorbing a disproportionate share of the slowdown. The numbers, compiled and analyzed by immigration research groups including Boundless Immigration and the Cato Institute, paint a picture of an approval system that has tightened considerably since the current administration took office. This is in clear disparity with the overall demand for green cards from Indian nationals, which, on the other hand, continued to climb.
USCIS Drops Appeal in EB-1A Case: What the Mukherji Ruling Means for Green Card Applicants
USCIS Drops Appeal in EB-1A Case: What the Mukherji Ruling Means for Green Card Applicants

The world of U.S. employment-based immigration rarely sees a single court decision shake up an entire visa category, but that is exactly what has happened with Mukherji v. Miller, a case that immigration attorneys across the country are now calling one of the most significant EB-1A developments in over a decade. And recently, in a move with far-reaching implications, the U.S. Citizenship and Immigration Services (USCIS) has formally withdrawn its appeal against a Nebraska federal court ruling that invalidated the agency's controversial "final merits determination" process in EB-1A adjudications.

The Origin of EB-1A Green Card: A History Every Applicant Must Know
The Origin of EB-1A Green Card: A History Every Applicant Must Know

Today, the EB-1A Green Card is widely known as the “Einstein Visa”. It is widely acclaimed as a prestigious immigration pathway reserved for individuals with extraordinary ability in science, arts, education, business, or athletics. However, very few applicants understand where this category actually came from, and what larger purpose it serves within the U.S. immigration system. Knowing the history of EB1A green cards can empower the applicants with a fresh perspective on this merit based pathway. This is exactly what our eb1a consultants have aimed to do here.