On September 24, 2025, the U.S. Department of Homeland Security (DHS) published a reform proposal for the H-1B work visa lottery in the Federal Register. The lottery will no longer be purely random but will be "weighted" based on wage levels. The draft has now officially entered a 30-day public comment period.
Core of the Reform: From Luck to Salary
Before the Reform:
H-1B was entirely dependent on "luck." Regardless of salary level, all applicants entered the same lottery pool.
After the Reform:
Salary level becomes a key variable. The higher the salary, the more times one enters the lottery pool, and the greater the chance of being selected.
Specific rules are as follows (effective when the annual registration exceeds the 85,000 cap):
• Level 4 (High-salary tier, above 67th percentile of industry level) → 4 entries into the lottery pool
• Level 3 (Upper-middle, above 50th percentile of industry level) → 3 entries into the lottery pool
• Level 2 (Lower-middle, above 34th percentile of industry level) → 2 entries into the lottery pool
• Level 1 (Entry-level, above 17th percentile of industry level) → 1 entry into the lottery pool
Additionally, if there is a salary range, it must be declared based on the minimum value; for multiple work locations, the location with the lowest salary level must be used as the standard. The "one person, one lottery" rule is maintained; if the same beneficiary has multiple employer registrations, the lowest salary level applies.
In summary: The new regulation closes all operational loopholes, completely eliminating "falsely inflated salaries to cheat the lottery," leaving no shortcuts for international students and employers.
Cruel Truth: Who is Being Completely Eliminated
Under the new regulations, three groups are almost destined to be "also-rans":
• Recent undergraduate and master's graduates: Lacking work experience, they can only secure entry-level salaries (Level 1), making it almost impossible to reach Level 3/4.
• Employees of small and medium-sized enterprises or those in small cities: Employers cannot afford high salaries, making it difficult to increase wages and significantly reducing competitiveness.
• Practitioners in non-high-salary fields: Even with relevant skills, if the overall industry salary level is low, they may be marginalized due to insufficient levels.
In other words, recent international graduates and entry-level practitioners are the biggest "losers."
"Double Blow":
$100,000 Application Fee + Salary Weighting
Just before the weighted lottery was announced, the White House threw another "heavy hammer":
The H-1B application fee has been raised to $100,000 per person, to be borne by the employer.
This means:
Cost threshold → directly blocks small and medium-sized enterprises;
Salary weighting → prioritizes limited spots for high-salary positions at large corporations;
Double combination punch → makes employment opportunities for international students even worse.
Past: H-1B was like buying a lottery ticket.
Now: Pay the "$100,000 admission ticket" first, then compete on salary level.
H-1B has transformed from a "metaphysical lottery" into a "capital game":
Wealthy large corporations + high-salary positions → winner takes all;
Ordinary newcomers + small companies → completely out of the game.
The random lottery has ended; salary level determines fate; the $100,000 threshold adds insult to injury.
For most ordinary international students, the path to staying in the U.S. is being blocked step by step.
Beyond this identity gamble, EB-5 investment immigration, especially rural projects, provides a more certain and safer track for staying in the U.S.
Do not just gamble on H-1B; dual-track planning in advance is the only secure way for your future in the U.S.
Why is EB-5
a secure path to U.S. immigration?
No lottery required: Invest from $800,000 to obtain a green card for the whole family;
Current no-backlog advantage: Rural projects have a 20% reserved quota and are currently in a no-backlog status;
Concurrent filing: File the I-526E immigration petition and I-485 adjustment of status application simultaneously, and you can get a Combo card in about 3 months;
Policy locking: File before September 30, 2026, to be protected by the "grandfather clause" and unaffected by future policy changes.
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For inquiries in mainland China: 400-138-2929, Hong Kong customer service center: (852) 2802 8798
Note: 1. Within the scope permitted by law, the right of final interpretation of this promotional activity belongs to Worldway Group. 2. Investment involves risks; the above information is for reference only.