H-1B visa selection process is set to undergo notable changes. A new wage-based selection process for hiring foreign workers has been proposed by the US authorities.

The U.S. Department of Homeland Security (DHS) plans to amend regulations governing the selection process for H-1B registrations.

The proposal introduces a weighted selection process favoring higher-skilled and higher-paid applicants while still allowing employers to obtain H-1B workers at various wage levels, aligning with Congressional intent for the program.

The biggest fallout of the new H-1B rules would be the low-skilled, low-salary foreign workers. H-1B visa approval chances can fall 48% for low-salary foreign workers under the new wage-based selection process, according to projections made by the U.S. Department of Homeland Security (DHS).

USCIS would weigh and select each unique beneficiary (or petition, if registration is suspended) as follows:

A beneficiary (or petition) assigned to wage level IV would be entered into the selection pool four times,

A beneficiary (or petition) assigned to wage level III would be entered into the selection pool three times,

A beneficiary (or petition) assigned to wage level II would be entered into the selection pool two times,

A beneficiary (or petition) assigned to wage level I would be entered into the selection pool one time.

Percentage change in probability

Department of Homeland Security (DHS) also calculated the impact of the wage-based selection process on the H-1B visas at different wage levels.

The percentage change in probability of being selected to file H-1B cap-subject petitions from the current to the proposed selection system would decrease by 48 percent for Level I, according to DHS.

However, the projections show that the percentage change in probability of being selected to file H-1B cap-subject petitions from the current to the proposed selection system would increase by 3%, 55% and 107% for Level II, Level III, and Level IV, respectively.

The estimated number of annual H-1B cap-subject visas would decrease by 10,099 for level I petitions, and would increase by 2,373 for level II petitions, 4,496 for level III petitions, and 3,230 for level IV petitions.

Probability of Being Selected and Estimated H-1B Cap-Subject Petition Receipts by Wage Level

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Probability of Being Selected

Under the current random selection process, in which every unique beneficiary has an equal chance of being selected, the probability of being selected to file an H-1B cap-subject petition for a unique beneficiary is 29.59 percent across all the wage levels.

Under the proposed weighted selection, DHS estimates that the probability of being selected to file a H-1B cap-subject petition for a unique beneficiary would be 15.29 percent for level I, 30.58 percent for level II, 45.87 percent for level III, and 61.16 percent for level IV.

Estimated Difference in H-1B Cap-Subject Petitions by Wage Level for Current (Random) and New (Weighted) Selection Process

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Wage Levels

Wage level I, which the DOL has established at about the 17th percentile of the OEWS wage distribution for the relevant occupation in the relevant locale, pertains to employment that requires “entry” level workers.

Wage level II, set at approximately the 34th percentile, applies to positions requiring “qualified” workers

Wage level III, set at approximately the 50th percentile, applies to positions requiring “experienced” workers; and

Wage level IV, set at approximately the 67th percentile, applies to positions requiring “fully competent” workers