White House OIRA Approves Wage-Weighted H-1B Selection, Replacing USCIS Lottery

The White House Office of Information and Regulatory Affairs (OIRA) approved a proposed change in how U.S. Citizenship and Immigration Services (USCIS) manages H-1B visas, replacing the current lottery system with a new “proceso de selección ponderada.”

“La Oficina de Información y Asuntos Regulatorios de la Casa Blanca (OIRA) ha aprobado un cambio propuesto en la forma en que los Servicios de Ciudadanía e Inmigración de Estados Unidos (USCIS) gestionan las visas H-1B, asegura un informe”

Independent en Español

The Independent en Español report says the maximum regulatory number of H-1B visas is 85.000 each year, with 65.000 plus 20.000 additional for applicants with a master’s degree or higher from a U.S. university, and that distribution is currently decided by sorteo.

Independent en Español

It also says that on 8 de agosto the OIRA gave its approval to the modification proposal that would substitute the lottery with a new “proceso de selección ponderada,” and that the reform is expected to include H-1B petitions “sujetas a un límite reglamentario en los salarios pagados.”

VisaHQ frames the change as a “wage-weighted H-1B selection system” that departs from the random draw in place since 1990, and says that effective February 27, 2026, USCIS assigns four entries to Level IV wage offers, three to Level III, two to Level II, and only one to Level I.

The Independent en Español adds that the next step is publication in the Registro Federal so the public can review and submit comments before a final decision, while VisaHQ points to March 31 as the first lottery deadline under the new system.

VisaHQ says the wage-weighted system makes compensation strategy directly influence visa success, warning that budgeting lower wages could render a candidate statistically invisible in the weighted pool.

It also says compliance risk moves “upstream,” because registration details—SOC code, wage level and worksite—must match the eventual petition, and that USCIS has signaled it may deny or even revoke approvals if employers tweak wages post-selection.

The Times of India

The Times of India reports that Bloomberg said an entry-level software engineer in Silicon Valley, San Francisco would need to be paid $162,000 a year to qualify for an H-1B visa, while the salary would be $113,000 in Dallas and $132,000 in New York.

It adds that the report cited analysis by Lawfully and Threshold estimating it would cost the biggest employers of white-collar foreign talent at least $18 billion in the first 12 months, and that within three years the annual cost could reach as high as $43 billion.

VisaHQ concludes that for HR leaders, wage becomes the “new currency of H-1B access,” while The Times of India says the salary raise awaits final approval from the Labor Department and is tied to a Labor Department NPRM proposing the new wage level in March.

Separate from the selection change, Vietnam.vn says the Trump administration intends to impose higher wages on foreign workers coming to the United States on skilled worker visas, citing a U.S. Department of Labor proposal on March 26.

“The Trump administration intends to impose higher wages on foreign workers coming to the United States on skilled worker visas, in a move aimed at preventing American companies from hiring foreign workers instead of local workers”

Vietnam.vn

It reports that the increase would range from 21% to 33%, depending on the worker’s experience, and that the proposal is aimed at preventing American companies from hiring foreign workers instead of local workers.

Vietnam.vn also says that in September of last year the government announced new fees of $100,000 for the H-1B visa, far higher than the previous registration fee of $215 and roughly $5,000 for processing the visa, and that the government later clarified the rule applies only to new visas, not to renewals.

The Independent en Español notes that critics have warned the wage-linked approach could “perjudicar a profesionales con menos experiencia o a recién graduados,” and that the revision could change which foreign workers ultimately get authorization to work in the United States.

VisaHQ adds that immigration attorneys expect litigation challenging DHS’s statutory authority to re-engineer the lottery, while conceding that any injunction would likely come too late for the FY 2027 cycle.