On January 8
th, the U.S. Department of Homeland Security published a
final rule which will modify the H-1B lottery system. The final rule will prioritize H-1B petitions that offer Level IV wages based on the Department of Labor’s Occupational Employment Statistics (OES) four-level wage system. This final rule will go into effect in 60 days if not rescinded by the Biden administration and will apply to new H-1B cap-subject petitions this H-1B season.
Under this final rule, H-1B cap-subject petitions will be selected by giving priority to those with the highest OES prevailing wage levels, starting with level IV, and then continue in descending order to wage levels III, II and I. This change is aimed at incentivizing employers to offer higher wages to H-1B employees. Level IV wages, generally reserved for highly experienced employees, represent the 75