An immigration attorney in the US has highlighted a crucial update for H‑1B applicants, which is that under the new wage‑level weighted lottery system, higher‑paid roles now have significantly better chances of being selected.
According to Andre Matias, Managing Attorney at Altius Immigration Law in Washington, each H‑1B registration receives multiple “entries” into the selection pool depending on the wage level associated with the offered position.
“A level 4 role will have about 4x the chances of selection compared to a Level 1 role, because Level 4 gets four entries in the pool for every one entry at Level 1,” Matias said.
According to him, this effectively gives higher‑paid roles significantly better odds of being selected compared with lower‑paid or entry‑level positions.
‘You can’t game job descriptions’
This is not about gaming job descriptions, Matias said, adding, “The right move is to ensure that job requirements and wage levels accurately reflect what the candidate will actually do and is qualified for.”
In other words, salaries and job duties should align with prevailing wage obligations and real expectations rather than being artificially inflated. The system still relies on accurate classifications and supporting documentation, he said.
According to Visa Verge, the shift is part of a broader effort by the US government to prioritise higher‑skill, higher‑wage roles within the H‑1B program and to reduce perceived misuse of entry‑level visa allocations.
Employers must provide the Standard Occupational Classification (SOC) code, work location(s), and the prevailing wage level at the registration stage, and these details must align with what is later filed in the full petition to avoid denials or requests for evidence.
Cap numbers remain unchanged
Apart from the new $100,000 H-1B fee, specifically those filed for beneficiaries outside the US or seeking consular processing, the annual statutory H‑1B cap remains the same.
Sixty-five thousand visas will be issued under the regular quota and 20,000 for holders of US advanced degrees.