FAQs: Trump/DHS Proposal to Overhaul the H-1B Lottery

The Department of Homeland Security (DHS) has formally proposed ending the purely random H-1B lottery and replacing it with a wage-weighted selection system. Under this plan, applicants with higher salaries will have better odds of selection, while those at entry-level wages will have fewer chances.

The DHS’s full proposal is 100+ pages long, so we’ve worked with Manifest Law’s experienced immigration attorneys to navigate the complexity and answer your top questions below.

Jump to a section:

What exactly did DHS propose in September 2025?

The Department of Homeland Security has released a formal proposal to change how the H-1B lottery works. Instead of today’s purely random selection, the lottery would become wage-weighted: each applicant would still enter once, but their odds would scale with the wage level of the job they’re offered.

A Level I salary would get one entry, Level II two entries, Level III three, and Level IV four. Employers must declare the job’s SOC code, wage level, and worksite at registration, and the H-1B petition later filed must match those details exactly. The advanced-degree set-aside remains, but will now also operate under the weighted system.

Video: Immigration attorney explains DHS's proposed weighted H-1B lottery

In this video, Manifest Law immigration attorney Avalon Paul breaks down what DHS proposed and what it could mean for you as a business or individual.

This YouTube video is hidden until you accept functional cookies.

How does the H-1B lottery work today?

The H-1B visa has an annual cap of 85,000 new slots: 65,000 in the general pool and 20,000 reserved for applicants with U.S. master’s or higher degrees.

Each March, employers submit online registrations for their workers. If USCIS receives more registrations than there are slots, it runs a random lottery:

First lottery: 65,000 visas in the general pool.
Second lottery: Any remaining master’s degree holders who weren’t selected in the first round are entered into a separate drawing for the 20,000 advanced degree slots.

If a person is selected, their sponsoring employer must then file a full H-1B petition by June 30. If they don’t, they lose the slot, and it will be given to someone else. If the employer files the petition, and it is approved, the foreign worker can start working on the H-1B from October 1 of that year.

Why are President Trump and the DHS proposing H-1B lottery changes?

DHS’s proposal states that the purpose is to prioritize “the best and brightest” workers by using salary as a proxy for skill and experience. The agency believes that weighting the lottery toward higher wage levels will increase the chances for senior, specialized roles, reduce incentives to flood the lottery with lower-wage entries, and better align the limited number of visas with jobs that require greater responsibility and skill level.

In the original Proclamation that directed DHS to create this proposal, President Trump emphasized that the goal of the changes is to make sure the H-1B program fulfills its original purpose: bringing highly skilled workers into the U.S. to strengthen the economy and support critical industries like technology and engineering.

By prioritizing higher salaries, the administration hopes to attract top global talent, raise wage standards, and ensure that companies can secure the most qualified professionals to drive innovation and maintain American leadership in STEM fields.

FAQs about DHS’s proposed weighted H-1B lottery

How would the new weighted lottery work?

Under the DHS’s proposal, lottery registrations would be weighted based on the wage level tied to the offered position:

Level IV (fully competent) → entered 4 times
Level III (experienced) → entered 3 times
Level II (qualified) → entered 2 times
Level I (entry-level) → entered once

Each applicant (beneficiary) will still only be selected once if chosen, but higher wage offers significantly increase the odds. The higher the salary being offered to the beneficiary, the more “lottery tickets” they have.

When would DHS’s proposed lottery changes take effect?

Remember that DHS’s proposal is not yet final. The proposal has been published as a Notice of Proposed Rulemaking (NPRM). A public comment period of 30 days is now underway, as of September 24, 2025. After DHS reviews comments and issues a final rule, implementation could take effect for the FY 2027 H-1B lottery (March 2026) at the earliest.

What happens next?

Now that the proposed rule is published in the Federal Register, it will include a direct link to Regulations.gov, the government website where comments are collected.
After the 30-day public comment period, DHS will review feedback and publish a final rule (which may adjust details of the rule based on the public’s comments).
Employers and H-1B hopefuls should expect the new system to be in place by the next lottery cycle or shortly thereafter.

How do I make a comment on the proposed rule?

Now that the rule is published in the Federal Register, you’ll see a button that says, "make a public comment" on the page. You can make a comment directly on this page. Note that anyone—individuals, companies, universities, advocacy groups, or professional associations—can submit feedback and make a public comment on DHS's rule. You can use your name or comment anonymously.

How is this different from past proposals by Trump and others?

In 2021, DHS tried to replace the random H-1B lottery with a strict wage-ranking system that would have filled the cap starting with the highest salaries and left little chance for entry-level workers. That rule was ultimately struck down in court and never went into effect.

The new 2025 proposal by DHS takes a softer approach: it’s a weighted lottery that still favors higher wages but keeps some opportunity for lower-paid applicants.

FAQs about H-1B wage levels and how to find yours

What are H-1B wage levels?

Wage levels come from the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) survey:

Level I ≈ 17th percentile (entry-level)
Level II ≈ 34th percentile (qualified)
Level III ≈ 50th percentile (experienced)
Level IV ≈ 67th percentile (fully competent)

What is the exact salary associated with each proposed H-1B wage level?

The exact dollar amount associated with each wage level varies by job type and location. For example, in 2025, the prevailing wages for a Software Developer in San Jose, California would be roughly:

Level I: $96,096
Level II: $124,654
Level III: $153,213
Level IV: $181,771

The same role in Dallas, Texas looks very different:

Level I: $74,650
Level II: $96,346
Level III: $118,042
Level IV: $139,710

This means an entry-level developer earning $80K in Dallas qualifies at Level II, while the same salary in Silicon Valley would only count as Level I.

How can I find out my wage level under the proposed H-1B rule?

To check your wage level, go to the Department of Labor’s OFLC Wage Search website. Here’s how:

Select the most recent data set.
Choose “All Industries.”
Search for your occupation (for example, “Software Developers, Applications”).
Enter your state and county.
Click Submit to see the prevailing wages for Levels I–IV.

Compare your offered salary to the wage levels listed. If your salary meets or exceeds the Level II figure, for example, you would be counted as a Level II in the H-1B process. The higher the level your salary qualifies for, the more entries you will get in the proposed wage-weighted lottery.

FAQs about implications for H-1B applicants and businesses

Will entry-level workers still have a chance under the proposed system?

Yes, all wage levels remain eligible for the H-1B lottery in DHS’s proposal. But because higher wage levels get multiple entries in the lottery, recent graduates and early-career workers will face lower odds compared to senior professionals with stronger compensation packages.

Are there alternative visas available for entry-level professionals?

Yes, but your H-1B alternative options depend on your nationality, resume, and employer:

F-1 OPT / STEM OPT (U.S. grads): Up to 12 months of work (plus 24-month STEM extension) while you and your employer plan next steps.
Cap-exempt H-1B: Jobs at universities, affiliated nonprofits, or nonprofit/government research orgs aren’t subject to the lottery; “concurrent” cap-exempt + cap-subject roles can sometimes be structured.
TN (Canada/Mexico): For listed professions under USMCA, often accessible for early-career workers.
E-3 (Australia) and H-1B1 (Chile/Singapore): Similar to H-1B but with separate quotas and typically easier access.
J-1 Intern/Trainee: Structured training programs (time-limited; must fit J-1 rules).
L-1 (intra-company transfer): After 1+ year with a related company abroad; not typical for fresh grads but viable after experience.
E-2 treaty employee: If the employer is majority-owned by treaty-country nationals with a qualifying investment.
O-1 (extraordinary ability): Harder for entry-level, but possible with strong achievements (papers, awards, media, impactful work).

If you’re early in your career, the most realistic near-term paths are OPT/STEM OPT, TN, E-3, H-1B1, or cap-exempt H-1B.

Could employers change an H-1B worker’s salary or worksite after the lottery?

No. Under the proposal, the petition must match the details in the registration, including SOC code, wage level, and work location. USCIS may deny or revoke petitions if those elements are lowered after selection.

Will this make it harder for startups and smaller employers to hire H-1B workers?

Potentially. Larger companies that can pay salaries at Level III or IV will have stronger odds of selection. The wage levels only consider cash compensation, not bonuses or equity. Smaller firms or startups may offer valuable equity but lower base salaries, which will make it harder to secure visas for entry-level or junior roles. By tilting the lottery toward higher-wage positions, the current administration aims to preserve more entry-level opportunities for recent U.S. graduates in STEM fields while still allowing companies to bring in top international talent for senior roles.

We're here to support your H-1B journey

Whether you're a business navigating recent changes to the H-1B program or an H-1B hopeful/holder yourself, alternative paths exist. Manifest Law's experienced immigration attorneys have helped thousands of skilled workers navigate the U.S. immigration system and secure H-1B alternatives like the O-1, J-1, EB-1A, and beyond.

About the Author

Haley Davidson

Content Lead

Haley Davidson is Manifest Law's Content Lead, covering all topics related to U.S. visas and Green Cards. She's passionate about making complex topics easy to understand, like immigration law.

Read bio

Reviewed By

Henry Lindpere

Senior Immigration Attorney at Manifest Law

Henry is an Estonian American attorney licensed in Arizona with broad experience in employment-based immigration. He handles EB-1A, EB-2 NIW, O-1, and E-2 cases for founders, professionals, and creatives across industries worldwide, and has helped hundreds of clients achieve successful outcomes.