H-1B Latest Proposal: Salary-Weighted Selection

President Trump has proposed replacing the current random H-1B lottery with a salary-priority system.

In short: the higher your base salary, the greater your chance of selection.

• Salary Levels: Determined by the U.S. Department of Labor (DOL) using job title, location, and required experience.
  • Level 4 = top 33% of salaries (highest tier)
  • Salary used = base salary only (no bonuses, RSUs, or extra perks).
• Cap Remains: Annual quota still 85,000 (65,000 regular + 20,000 master’s).
• Expected Selection Rates (per DHS estimates if new rule applies):
  • Level 1: 0%
  • Level 2:
    • Master’s pool: ~20%
    • Regular pool: ~75%
    • Combined: ~50% (only if Level 3 & 4 applicants don’t fill the cap)
  • Level 3 & 4:
    • Priority selection, nearly 100% if under cap
    • If over cap, proportional draw between L3 and L4; L1–L2 drop to 0%

Potential Impact

• Winners: High-salary, senior positions, think senior tech roles, AI/ML, quantitative finance, almost guaranteed selection.
• Losers: Fresh grads, small companies, startups,  e.g., a new CS master’s grad in the Bay Area would need a base salary of $264,514 to qualify for Level 4, which is rare for entry-level.

How to Check Your Level

Use the DOL OFLC Wage Search tool to see the prevailing wage levels for your role and location: flag.dol.gov

Using GoElite's address as an example, we’re located in Pasadena, California. If GoElite were to hire a Software Engineer, the salary ranges for levels L1 through L4 would be as follows. In general, only salaries above $157,123 (L3) tend to have a stronger chance of securing an H-1B visa.

Status & Timeline

• Still a Proposal: Currently under OIRA review → public comment period → possible revisions → final rule publication. This could take months or longer.
• Not Immediate: Even if approved, it would not apply to the current fiscal year’s lottery.
• Past Precedent: A similar 2021 Trump proposal was halted under Biden via delays, public comments, and court rulings.

Employer Concerns

Many tech and finance companies rely heavily on H-1B hires. Possible downsides:

1. Harder to hire junior talent.
2. Higher wage baselines, raising costs.
3. Non-high-salary industries may face slower growth.

Takeaways for International Students

• If you’re in F-1 OPT or STEM OPT, this change could make early-career H-1B approval harder.
• Consider alternative visa strategies: Day 1 CPT programs, L-1, O-1, or employer transfers abroad.
• Stay informed, rules may shift before implementation.

If you've experienced working under an ICC (Indian Contracting Company) or outsourcing agency, feel free to share your story in our forum. Let’s bring more transparency to how the system really works.