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4x Higher Odds for Level-4 Jobs in New H-1B Lottery, 8 Points

$8.5 Billion Cost Burden for Employers Under New Rule

Delhi / New York

ЁЯТ░ Global Talent Shift: Canada & UK May Gain from US Crackdown


1. Key Announcements by Trump Administration

1.1 Fee Hike

  • New H-1B visa petition fee: $100,000 per application (massive jump from current levels).

  • Aim: discourage use of H-1B for low-wage roles.

1.2 Lottery Overhaul

  • Old system: Random lottery with 85,000 visas annually.

  • New proposal: Weighted lottery favoring higher-paid jobs.


2. GovernmentтАЩs Justification

  • Goal: тАЬProtect American workers.тАЭ

  • Method: Prioritize higher-skilled, better-paid foreign professionals.

  • Effect: Entry-level applicants face reduced chances.


3. How the New Wage-Based Lottery Works

3.1 Wage Tiers (Based on U.S. Dept. of Labor data)

  • Level 1: Entry-level (lowest pay).

  • Level 4: Expert-level (highest pay).

3.2 Lottery Weighting

Wage Level Times Entered in Lottery Chances Compared to Level 1
Level 4 (Highest) 4 times 4x higher
Level 3 3 times 3x higher
Level 2 2 times 2x higher
Level 1 (Lowest) 1 time Base odds

3.3 Key Rule

  • Each worker can be picked only once, regardless of multiple employers.

  • Applicant classified at lowest offered wage level to prevent manipulation.


4. Who Will Benefit & Who Loses?

4.1 Winners

  • Senior professionals with Level 3 & 4 salaries.

  • High-demand, high-paying sectors (tech, AI, finance, biotech).

4.2 Losers

  • Entry-level workers and fresh graduates (Level 1).

  • International students aiming for U.S. jobs post study.


5. Timeline & Legal Uncertainty

  • Draft Published: September 24, 2025.

  • Public Comment Window: 30 days.

  • Target Implementation: FY2027 cap (March 2026 lottery).

  • Legal Risks:

    • May face lawsuits under Immigration and Nationality Act.

    • Critics argue Congress approval needed, not just DHS rulemaking.


6. Historical Context

  • Similar wage-ranking rule finalized in 2020 (TrumpтАЩs 1st term).

  • Blocked in 2021: Biden paused it, and a federal court struck it down.

  • Officially withdrawn later in 2021.


7. Financial Implications for Employers

  • Cost per new petition: $100,000.

  • For 85,000 visas annually тЖТ potential cost burden of $8.5 billion (if fully utilized).

  • Likely to limit smaller firms and favor big tech & large corporations.


8. Impact on Global Talent

  • Makes U.S. less accessible for early-career professionals.

  • Stronger competition among international workers.

  • Could push talent toward Canada, UK, Australia with friendlier visa regimes.


ЁЯУК Summary Table тАУ H-1B Changes at a Glance

Factor Current System Proposed System
Petition Fee ~$10,000 or less $100,000
Visa Cap 85,000 annually 85,000 annually
Selection Random lottery Weighted by wage tier
Beneficiaries Equal chance for all Higher-paid professionals favored
Timeline Immediate Target: March 2026 (FY2027)
Legal Status Stable Draft rule, lawsuits expected

тЪая╕П Disclaimer тАУ The Profit India

This article is for informational and educational purposes only. The Profit India does not provide legal, immigration, or financial advice. Readers are encouraged to consult official government notices or qualified professionals before making any decisions related to H-1B visas or U.S. immigration policies.


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