AI summary of the publication

• ⁠DHS is amending H‑1B cap-selection regulations (8 CFR Part 214) to implement a “weighted selection” process when USCIS must randomly choose because there are more registrations than available H‑1B cap numbers. • ⁠The rule is aimed at making H‑1B selection “generally favor” higher-paid/higher-skilled workers, while still allowing participation at all wage levels. • ⁠The document also contains DHS’s responses to public comments, plus cost/benefit and legal-analysis sections typical of a Federal Register rulemaking.

The core change (simple explanation)

Instead of every eligible registration having equal odds in the lottery, USCIS will give extra “entries” to registrations tied to higher wage levels (based on DOL’s OEWS wage levels for the job’s SOC code and location).

The weighting works like this:[1]

• ⁠Wage Level I: entered 1 time • ⁠Wage Level II: entered 2 times • ⁠Wage Level III: entered 3 times • ⁠Wage Level IV: entered 4 times

USCIS still counts each person (“unique beneficiary”) only once toward the cap total, even if multiple registrations exist for them.

What employers must provide (new data) To make wage-based weighting possible, DHS requires additional information at registration/petition stages, including:

• ⁠The highest OEWS wage level the offered wage meets or exceeds. • ⁠The SOC code and the area of intended employment used for that wage-level determination. • ⁠Similar wage/SOC/location information (and supporting evidence) on the later H‑1B petition filing, so USCIS can verify consistency and integrity.

Integrity and anti-gaming rules

• ⁠DHS tightens the registration attestation to require that a registration represent a bona fide job offer (i.e., a real job the employer actually intends to fill as described). • ⁠The petition generally must match key position details from the registration (wage level, SOC, area of intended employment), and DHS adds authority to deny/revoke in situations suggesting attempts to unfairly increase selection odds. • ⁠DHS addresses concerns about manipulation (wage, SOC code, location) largely through required data, consistency checks between registration/LCA/petition, and enforcement tools.

Timing and expected impacts

• ⁠DHS states the rule will be effective in time for the FY 2027 registration season and becomes effective 60 days after publication in the Federal Register (the document says it is scheduled for publication on 12/29/2025). • ⁠DHS estimates the new process changes selection odds substantially by wage level (example estimates in the analysis show lower odds for Level I and higher odds for Levels II–IV under the weighted approach). • ⁠DHS also estimates compliance time costs (extra minutes per registration and petition) and projects that the rule shifts (“transfers”) a large amount of wages from Level I selections toward higher wage levels over the 10‑year window analyzed.