Article Summary

The U.S. Department of Homeland Security and USCIS have proposed a new wage-based system for the H-1B visa selection process, which has received White House acceptance. This system would prioritize H-1B candidates based on their offered wage levels, with higher salaries increasing the chances of selection. The change aims to encourage higher wages for skilled foreign workers and address concerns about the program filling lower-paying positions.

TNP AI: Key Insights

This proposed shift from a beneficiary-centric lottery to a wage-based selection fundamentally alters the H-1B landscape. For tech startups and mid-sized companies, it could raise the cost of hiring entry-level foreign talent, potentially limiting their access to a broader pool of skilled workers. Conversely, highly experienced professionals with competitive salary offers would see a significant boost in their chances, intensifying competition for top-tier roles.

This isn't the first attempt at a wage-based system; a similar proposal was floated in 2021 during the Trump administration but was not implemented. The current system, which is beneficiary-centric, replaced a lottery system. This proposed change represents a return to prioritizing employer-driven factors (wages) over the individual's registration, a significant pivot in policy. The Department of Labor's four-level wage system would be critical here, with USCIS ranking registrations from Wage Level IV down to I, meaning early-career professionals and recent graduates may face considerably reduced odds. Stakeholders should note that if approved, this system could be introduced for the Fiscal Year 2027 H-1B filing season, potentially starting in March 2026, making the upcoming months crucial for advocacy and planning.