On July 19, USCIS submitted a new proposed rule to the Office of Information and Regulatory Affairs (OIRA) that could significantly reshape the H-1B visa lottery system—particularly how U.S. companies hire international tech talent.

The key change? The lottery would be weighted based on the wage level offered:

• Level 4 wage = 4 entries

• Level 3 wage = 3 entries

• Level 2 wage = 2 entries

• Level 1 wage = 1 entry

In short, higher-paying employers would have significantly better odds of securing H-1B visas.

Why It Matters

While this may seem like a push for fairness or quality, the impact could be damaging:

• Startups, nonprofits, and small tech firms—often unable to pay top-tier salaries—will be at a disadvantage.

• Recent STEM graduates from U.S. universities, many of whom receive Level 1 or 2 offers, could be locked out of the process.

• Diversity and innovation could suffer, especially in sectors that rely on early-career or specialized international talent.

This concept isn’t new. A similar rule was proposed under the previous administration but was ultimately struck down in federal court.\

Microsoft, in its public comments on the proposal, noted:

“The U.S. economy needs top talent across all career stages and levels of seniority… The proposed rule would undermine our nation’s access to the full range of talent necessary to build a complete workforce with comprehensive capabilities.”

If enacted, the policy could reduce opportunities for global talent, impose new hurdles on emerging companies, and ultimately hinder U.S. competitiveness in the tech sector.

?? Developers, founders, and hiring managers—keep a close eye on this rule. Its implications could reach far beyond immigration policy.