Beyond the Lottery: What the New H-1B Proposal Means for Global Talent”

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By Syed Ali Rizvi, Copy Edited By Adam Rizvi, The India Observer, TIO: In mid-2025, a pivotal shift began moving through Washington’s policy machinery—one that could fundamentally reshape the path to a U.S. work visa. On August 12, 2025, the White House’s Office of Information and Regulatory Affairs (OIRA) approved a proposed rule that would replace the long-standing random lottery for H-1B visas with a weighted selection process, giving priority to applicants offered higher wages and possibly those with advanced qualifications.

This is not just a change in paperwork—it’s a change in who gets to live, work, and innovate in the United States.

What’s Changing

• On July 17, 2025, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) submitted the proposed rule—“Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions”—for federal review.

• If adopted, the system could work like this:

1. Applicants with offers in the highest Department of Labor wage tier(Level IV) would be selected first.
2. Remaining visas would be offered to lower tiers in descending order,with available slots.

• The cap remains the same: 65,000 regular H-1B visas, plus 20,000 for those with U.S. advanced degrees.

• The next step is publication in the Federal Register, followed by a public comment period—expected to last 30–60 days.

• Realistically, the earliest this could apply is the FY 2027 H-1B cap season.

Who Could Benefit

• Highly paid professionals in technology, finance, engineering, healthcare, and other specialty fields.

• Applicants with advanced degrees and strong salary offers.

• Employers in high-cost metro areas who already pay top-tier wages.

Who Could Face New Hurdles

• Early-career workers fresh from university, often placed in wage Level I or II positions.

• Small businesses and startups unable to match big-company salaries.

• Applicants from lower-cost regions in the U.S., where prevailing wages are naturally lower than in cities like San Francisco or New York.

Why It Matters Globally

While Indian nationals historically represent the largest share of H-1B recipients, the new system will impact talent from across the world—including professionals from China, Canada, Europe, Latin America, and Africa. For U.S. employers, it may change recruiting strategies. For aspiring workers abroad, it may mean re-evaluating career and education plans.

This shift could also affect the diversity of talent entering the U.S. If the process heavily favors high-wage offers, the system might tilt toward certain sectors and geographies, limiting opportunities for equally skilled but lower-paid specialists.

How to Have Your Say

When the proposed rule is published in the Federal Register, anyone—whether in the U.S. or abroad—can submit a formal comment.

Here’s how:

• Where to submit: The official channel is the Federal eRulemaking Portal at Regulations.gov.

• What to reference: Include the docket number once it is announced (for now, note the rule title: Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions).

What to include:

• Identify yourself (individual, employer, student, etc.).

• Reference specific concerns or support for the rule.

• Use data, examples, or personal experience to explain the impact.

• Why it matters: DHS is legally required to review and address substantive comments before issuing a final rule.

Final Word

The H-1B program has been a gateway for decades—bringing skilled workers from around the world to contribute to America’s innovation and economy. Moving from a random lottery to a wage-weighted system is not just a bureaucratic change; it’s a recalibration of opportunity.

Whether you see it as a way to reward top talent or a barrier to entry for promising newcomers, this is your chance to influence the outcome. Watch for the Federal Register notice, and when it arrives, speak up. Your comment could help shape the future of global talent mobility to the United States.

Also Read more from this Author: More Than a Victory: Zohran Mamdani and the Shifting Ethics of American Politics

Curated by Humra Kidwai

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