The United States has moved a step closer to overhauling its H-1B visa selection process, with the final review of proposed changes now underway. According to reports in the American media, citing global immigration law firm Fragomen, the Office of Management and Budget (OMB) has begun examining new rules related to a skill- and salary-based H-1B lottery system.

The proposals were prepared earlier by the US Department of Homeland Security, and the OMB review is considered the last major stage in the federal rule-making process. Once cleared at this level, the regulations will be formally approved and notified. Sources indicate that the review could be completed soon, after which an advance version of the final rules may be released.

The US government is reportedly aiming to implement these changes for H-1B visa issuance from next year, though an official confirmation is still awaited.

Shift to a Weighted Lottery System

At present, H-1B visas are issued through a random, computer-based lottery system. Under the proposed changes, this will be replaced with a weighted lottery model that prioritises applications based on salary levels.

The new framework is designed to attract highly skilled professionals while also aligning with the US government’s objective of protecting domestic employment. Applications will be grouped into salary-based categories, typically classified into four wage levels. The selection of candidates with higher salary offers will be more probable than those with lower wage levels.

The impact of the new system on foreign professionals could be quite considerable, particularly in the IT and engineering sectors, as it would change the criteria from chance-based selection to wage-driven prioritisation.