H-1B Update: White House Clears DHS “Weighted Selection” Proposal What Employers and Applicants Should Know

09.15.25 07:29 PM - By Soumya Konuri

The White House’s Office of Information and Regulatory Affairs (OIRA) has completed review of a DHS/USCIS proposed rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” (RIN 1615-AD01). This is a major procedural step toward publication in the Federal Register, where the public will be able to comment. No final changes are in effect yet, and the proposal’s exact text has not been released.

What remains the law today

In 2024, DHS finalized rules that:

Made H-1B registration beneficiary-centric (each person gets one chance regardless of the number of registrants/sponsors),

Added integrity measures, and
Added some flexibilities.

Those rules did not adopt wage-based selection. They are already in effect and governed recent cap seasons. If the forthcoming proposal ties selection priority to offered wages (as the title suggests), applicants tied to higher-paid roles could be advantaged. Sectors, roles, or geographies with lower prevailing wages could see reduced selection odds. Final impacts will depend on the rule’s definitions (e.g., how wages are determined, geographic/occupational adjustments, and any additional factors). We won’t know details until publication.

What we don’t know yet

How “weighting” works (e.g., wage levels, degree factors, or other criteria)
Documentation and verification standards for wages.
Applicability (limited to new registrations, or implications if any for extensions/transfers).
Effective date and which cap season would be first affected.

All of this will be clarified only when the proposed text appears in the Federal Register.

What you can do now

Employers: Review compensation bands and job descriptions for cap-subject roles; ensure offers are well-documented and benchmarked to credible wage sources (e.g., OES/prevailing wage data) in case wage evidence becomes outcome-determinative.
Prospective beneficiaries: Maintain clear offer letters and any wage documentation.
Everyone: Plan to submit comments once the proposal is published; stakeholder feedback can shape the final rule.
These are prudent steps pending publication; none presuppose final outcomes.

How Konuri Law can help

We are monitoring the proposal’s movement and will publish an update as soon as the Federal Register version is released (with comment deadlines and practical takeaways). We can also help you evaluate H-1B strategies under both current rules and potential weighted frameworks.

📧 Email: Contact@konurilaw.com 📞 Call: 512-851-8661 🌐 Book a consultation: www.konurilaw.com 📍 Our offices are located in Hutto and Round Rock, Texas, and we proudly serve clients in all 50 states.