H-1B visa proposed rule released-Update
- administration478
- Sep 24
- 2 min read
Updated: Oct 14
From ACEC National-
Good afternoon,
I have attached ACEC's draft comments on the Administration's proposed rule that would change the allocation of H-1B visas from a lottery to a weighted system based on highest compensation and skills. Although we requested an extension of the 30-day comment period, we need to operate according to the current comment deadline of October 24, 2025.
Accordingly, please send me any feedback by Monday, October 20. Thanks so much -
Katharine
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Katharine Mottley
Vice President, Tax and Workforce Policy
ACEC National Headquarters
(202)682-4306
Good morning,
I want to alert you that yesterday the Administration released its proposed rule that would allocate H-1B visas based on wage bands that would favor higher-paid and higher-skilled applicants. This is the proposal we raised concerns about with OMB and DHS in August before it was publicly released.
We only have 30 days to comment and I’m seeking feedback from member firms to inform our comment letter. I will not identify any member firms or member firm employees in our comments.
For more detail, here’s a description provided by our outside law firm K&L Gates:
The proposed change will move away from the lottery and to a weighted selection process. Under the proposed rule, a registrant would first have to select the box for the highest Occupational Employment and Wage Statistics (“OEWS”) wage level that the beneficiary’s preferred wage equals to or exceeds, as well as the area of intended employment. USCIS will implement a process in which all unique beneficiaries, while randomly selected, would be weighted generally according to the highest OEWS wage level of the beneficiary’s proffered wage. Specifically, USCIS will weight and select each unique beneficiary as follows: a beneficiary assigned to wage level IV would be entered into the selection pool four times, a beneficiary assigned to wage level III would be entered into the selection pool three times, a beneficiary assigned to wage level II would be entered into the selection pool two times, and a beneficiary assigned to wage level I would be entered into the selection pool one time. Thus, the NPRM would retain a lottery element while including weighting favoring higher salaries/wages.
In addition to this proposed rule, we expect the Department of Labor to reissue another proposed rule from 2020 to increase prevailing wages for H-1B visa holders. I will keep you updated on this as well.
Please let me know if you have any questions –
Katharine
Katharine Mottley | Vice President of Tax and Workforce Policy
American Council of Engineering Companies