DHS Proposes Reforms To The H-1B Lottery System

The Department of Homeland Security (DHS) published a proposed rule on Sept. 24, which seeks to alter the annual H-1B cap lottery system. Under the proposal, priority would be given to registrants with the highest wage for their occupation and area of employment corresponding to the Department of Labor's Occupational Employment and Wage Statistics (OEWS).

As proposed, employers would be required to indicate the occupational code, OEWS wage level, and area of employment in each candidate's H-1B lottery registration. If the beneficiary will work in multiple locations, the employer would be required to select the lowest corresponding OEWS (prevailing wage) wage level associated with the position offered. If more than one employer submits a registration on behalf of the same foreign national, the foreign national would be entered into the H-1B cap lottery based on the registration with the lowest prevailing wage level. Similarly, if a foreign national will work in