Is the US Removing the H-1B Visa Lottery Process?

As of my last update in August 2023, discussions and proposals regarding changes to the H-1B visa program, including the lottery system, were in place. However, no definitive decision had been made to completely remove the lottery process. The original lottery system was implemented due to the high demand for H-1B visas often exceeding the annual cap. This article explores the latest updates on this topic, focusing on the recent changes and clarifying the misconceptions surrounding the elimination of the lottery.

The End of the Lottery Process?

It was previously reported that there were proposals to reform the process, replacing the lottery system with a new wage-based selection approach. While there were hopes for a reform, this change has already been implemented by the USCIS (United States Citizenship and Immigration Services), and any future changes would require significant legal and political effort.

New Selection Criteria: Wage Level Basis

The wage selection process has officially replaced the lottery system. This new approach prioritizes applicants based on the salary offered by their employers, rather than through a random lottery. This decision has been made to address the concerns of highly skilled workers and to ensure that those earning higher salaries have a fair chance of securing an H-1B visa.

Understanding the New Buckets

Under the new system, H-1B visa applicants are now divided into four buckets based on their offered salary. Here is a detailed breakdown:

H1B Wage Level 1 – Entry: This wage level is for entry-level H1B workers with a basic understanding of the job. This wage level corresponds to the 17th percentile. H1B Wage Level 2 – Qualified: This wage level is for qualified workers with education and experience who can perform moderate tasks with limited judgment. This wage level corresponds to the 34th percentile. H1B Wage Level 3 – Experienced: This wage level is for experienced workers who have deeper experience and can manage people. This level of work requires judgment and may include management responsibilities. This wage level corresponds to the 50th percentile. H1B Wage Level 4 – Fully Competent: This wage level is for the most expert workers who can perform complex tasks and exercise significant judgment. This level may include management responsibilities. This wage level corresponds to the 67th percentile.

Applicants in Buckets 4 and 3 do not face a lottery process. Instead, a fixed number of visas from these buckets will be allocated after processing. For Buckets 4 and 3, 20,000 and 30,000 visas will be allocated, respectively. This means that a total of 50,000 visas from these buckets will be processed without a lottery.

Impact on the General Category and Masters Applicants

For the general category, the visa quota remains at 65,000 per year. For US-educated masters students, the quota is 20,000. However, all applicants in these quotas are now divided into buckets based on their offered salary. The remaining 15,000 visas from the general category will be determined through a lottery process.

Conclusion

In summary, while the lottery process for the H-1B visa has not been completely removed, it has been limited. The wage selection process ensures a more equitable distribution of visas based on the salary offered, which is a significant improvement. Applicants should prepare their cases with higher salary offers to maximize their chances of securing a visa.

For the latest updates and any changes that may have occurred after August 2023, it is advisable to check official government announcements or trusted news sources.