Latest H1B news

[nenu_meeku_telusa]

On 9/28/2025 at 11:43 AM, Sucker said:

 

 

[Milehigh]

https://www.breitbart.com/economy/2025/09/29/sen-cotton-drafts-bill-to-shrink-h-1b-visa-program/

[Milehigh]

This is where they want to count renewals as part of the 85000 yearly cap and remove non profit cap exemption

[pichhipullayya]

2 hours ago, Milehigh said:

This is where they want to count renewals as part of the 85000 yearly cap and remove non profit cap exemption

Non Profits,

Exemptions for non IT

 

i know a lot of non IT folks who are not eligible if they increase salaries. Their orgs cannot pay like software companies.

They do imp work in universities, hospitals and other places. So vellaku exemptions teeseste problem ee..

same with non profits, they cannot pay like IT companies or fortune 500.

 

• Wage levels penchadam
• wage based h1b selection
• scrutiny about the experience will be implemented.
• Companies reducing H1b hiring is already in place.

inka 85k limit pettadam kanna, h1b quota freeze better for year or two.

[VanceChilukuri]

@stephenmiller - eeka kuda peekaleru ra miru

[kerlip]

51 minutes ago, VanceChilukuri said:

@stephenmiller - eeka kuda peekaleru ra miru

 

 

 

 

 

 

 

[Sreeven]

16 hours ago, akkum_bakkum said:

Idi maree bagundi…literally its their responsibility. Labor certification for h1b and perm chesedevaroo? Previous govts ignored it doesn’t mean its not their responsibility. Mem maa ishtam vachinattu chestham meeru intervene avvoddu ante dobbadu.

Evadiki vadu performance icheatunnaru..nagarjuna garu meere chudandi 

[Coconut]

https://www.federalregister.gov/documents/2025/09/24/2025-18473/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b

[Bathai_Babji]

If finalized, it would apply to future H-1B cap registrations (likely starting with FY 2027 registrations in March 2026).

### High-Level Summary of the Proposed Rule
- **Purpose**: The U.S. Department of Homeland Security (DHS) via U.S. Citizenship and Immigration Services (USCIS) proposes to replace the current random lottery for H-1B cap-subject registrations (or petitions if registration is suspended) with a **weighted selection process**. This aims to prioritize higher-skilled and higher-paid foreign workers, aligning with Congressional intent for the H-1B program to fill U.S. labor shortages with "the best and brightest" while still allowing opportunities for all wage levels. It builds on the existing beneficiary-centric selection (introduced in 2024) to prevent gaming.
  
- **Key Changes**:
  - **Weighting Based on Wage Levels**: Registrations (or petitions) are assigned to one of four OEWS wage levels (I-IV) based on how the proffered wage compares to DOL's prevailing wages for the job's Standard Occupational Classification (SOC) code in the area(s) of intended employment.
    - Level I (entry-level): ~17th percentile of wages (lowest).
    - Level II: ~34th percentile.
    - Level III: ~50th percentile (median).
    - Level IV: ~67th percentile (highest).
  - If multiple registrations are submitted for the same beneficiary, the **lowest wage level** among them is used for weighting to prevent abuse (e.g., submitting frivolous high-wage registrations).
  - **Selection Pool Entry**:
    - Level IV: Entered 4 times (highest chance).
    - Level III: Entered 3 times.
    - Level II: Entered 2 times.
    - Level I: Entered 1 time (lowest chance).
  - Selection remains beneficiary-centric: Each unique beneficiary is counted once toward the cap (65,000 regular + 20,000 advanced degree exemption), but with weighting. Random selection occurs if demand exceeds supply.
  - **Other Requirements**:
    - Registrants must specify the SOC code, area of intended employment, and equivalent wage level on the registration form.
    - If working in multiple locations, use the **lowest equivalent wage level** across locations.
    - If no OEWS data exists, follow DOL guidance for prevailing wages.
    - Petitions must match the registration's details (e.g., proffered wage must meet or exceed the registered level).
    - Integrity measures: USCIS can deny/revoke if fraud, material changes, or attempts to game the system (e.g., lowering wage post-selection) are detected.
  - **If Registration Suspended**: Falls back to petition-based weighting (same logic).
  - **Rationale**: Demand exceeds the 85,000 annual cap. Current random selection favors lower-wage petitions (Levels I/II dominate filings). Weighting incentivizes higher wages/skills without excluding lower levels.
  - **Impacts**: Higher-wage beneficiaries have ~2-4x better odds. DHS estimates ~30-40% of selections would shift to Levels III/IV (from ~10-20% today). Costs to employers: Minimal added burden (~5-10 minutes per registration for wage level selection).

- **Timeline and Scope**: Applies to cap-subject H-1B (not exempt petitions like those for nonprofits or universities). If finalized, effective for registrations after the rule's publication (likely FY 2027). DHS seeks comments on alternatives, like different weights or skill-based metrics.

This rule differs from a 2021 vacated rule (which ranked strictly by wage level, effectively excluding Level I/II). Here, all levels have a chance, but it's probabilistic.

### Analysis for a Software Engineer with $120,000 Annual Income
Your scenario assumes a software engineer with a proffered wage (intended salary) of $120,000. Software engineers typically fall under SOC code **15-1252 (Software Developers)** per DOL classifications. The wage level depends on:
- **Proffered Wage Comparison**: How $120k stacks up against OEWS percentiles for SOC 15-1252 in the **area(s) of intended employment** (e.g., city/metro area).
- **Other Factors**: Education/experience requirements (higher skills can justify higher levels), but the rule focuses on wage vs. OEWS benchmarks. If using a non-OEWS source (e.g., private survey), select Level I if below OEWS Level I.
- **Key Caveat**: Location is critical—wages vary hugely by geography. $120k might be entry-level in San Francisco but experienced-level in a smaller city. You didn't specify a location, so I'll provide examples based on current DOL OEWS data (from BLS May 2024 estimates, queried via web search for "OEWS wages software developers [location]"). Data is for annual mean/percentile wages; DOL's FLAG tool (flag.dol.gov) provides precise levels for LCAs.

#### Step 1: Determining Wage Level
To assign a level, compare $120k to OEWS thresholds:
- Level I: Proffered wage ≥ 17th percentile (entry-level).
- Level II: ≥ 34th percentile.
- Level III: ≥ 50th percentile (median).
- Level IV: ≥ 67th percentile.
- If below Level I (rare for $120k), still Level I if based on valid non-OEWS source.

Examples (based on BLS OEWS data for SOC 15-1252; national median is ~$132k):
- **National Average (U.S. Overall)**:
  - 17th percentile: ~$95k (interpolated from 10th=$78k, 25th=$102k).
  - 34th: ~$115k.
  - 50th (median): $132k.
  - 67th: ~$155k.
  - **$120k Falls Into**: Level II (≥$115k but <$132k). Decent mid-tier.

- **High-Cost Tech Hub (e.g., San Francisco-Oakland-Hayward, CA)**:
  - 17th: ~$120k (10th=$100k, 25th=$135k—high due to cost of living).
  - 34th: ~$145k.
  - 50th: $170k.
  - 67th: $195k.
  - **$120k Falls Into**: Level I (barely ≥17th, but <$145k). Entry-level here.

- **Mid-Tier City (e.g., Austin-Round Rock, TX)**:
  - 17th: ~$90k.
  - 34th: ~$105k.
  - 50th: $125k.
  - 67th: $145k.
  - **$120k Falls Into**: Level II (≥$105k but <$125k). Qualified level.

- **Lower-Cost Area (e.g., Des Moines-West Des Moines, IA)**:
  - 17th: ~$80k.
  - 34th: ~$95k.
  - 50th: $110k.
  - 67th: $130k.
  - **$120k Falls Into**: Level III (≥$110k but <$130k). Experienced level.

- **If Multiple Locations**: Use the **lowest equivalent level** across all (e.g., if SF + Des Moines, it defaults to SF's Level I).

To get exact levels for your specific area, use DOL's FLAG Wage Search tool (flag.dol.gov/wage-data/wage-search) with SOC 15-1252 and your metro area. Wages update annually (next in May 2025).

#### Step 2: Chances of H-1B Approval
Yes, this software engineer **has a chance** of H-1B approval under the proposed rule—everyone does, as even Level I is entered once. However, odds depend on wage level, demand (~500k+ registrations annually vs. 85k visas), and whether they qualify for the advanced degree exemption (20k extra slots for master's/PhD holders).

- **Probability Breakdown** (DHS Estimates from the Rule):
  - Current random system: ~20-30% selection rate overall (varies by year; FY 2025 was ~14% due to high demand).
  - Proposed weighted system: Shifts ~30-40% of selections to Levels III/IV. DHS models:
    - Level I: ~10-15% of selections (entered 1x; lowest odds).
    - Level II: ~20-25% (2x; moderate).
    - Level III: ~30-35% (3x; good).
    - Level IV: ~25-30% (4x; best).
  - For $120k:
    - In SF (Level I): Low odds (~10% of pool; 1x entry). Less competitive.
    - In Austin (Level II): Moderate (~20%; 2x entry).
    - In Des Moines (Level III): Higher (~30%; 3x entry).
    - National: Level II odds.
  - Advanced Degree Boost: If they have a U.S. master's/PhD, they enter both regular and exemption pools, improving chances by ~20-30%.
  - Other Factors: Multiple registrations help only if all are bona fide (USCIS cracks down on fraud). Approval isn't guaranteed post-selection—petition must prove specialty occupation, valid LCA, etc. (~85-90% approval rate historically).

- **Overall Chance**: 10-35% selection odds (depending on level/location), then high petition approval if docs are solid. Better than zero, but lower-wage areas/hubs hurt. To boost: Offer higher wage to hit Level III/IV, or target lower-cost areas.

 

 

[Bathai_Babji]

2 minutes ago, Bathai_Babji said:

If finalized, it would apply to future H-1B cap registrations (likely starting with FY 2027 registrations in March 2026).

### High-Level Summary of the Proposed Rule
- **Purpose**: The U.S. Department of Homeland Security (DHS) via U.S. Citizenship and Immigration Services (USCIS) proposes to replace the current random lottery for H-1B cap-subject registrations (or petitions if registration is suspended) with a **weighted selection process**. This aims to prioritize higher-skilled and higher-paid foreign workers, aligning with Congressional intent for the H-1B program to fill U.S. labor shortages with "the best and brightest" while still allowing opportunities for all wage levels. It builds on the existing beneficiary-centric selection (introduced in 2024) to prevent gaming.
  
- **Key Changes**:
  - **Weighting Based on Wage Levels**: Registrations (or petitions) are assigned to one of four OEWS wage levels (I-IV) based on how the proffered wage compares to DOL's prevailing wages for the job's Standard Occupational Classification (SOC) code in the area(s) of intended employment.
    - Level I (entry-level): ~17th percentile of wages (lowest).
    - Level II: ~34th percentile.
    - Level III: ~50th percentile (median).
    - Level IV: ~67th percentile (highest).
  - If multiple registrations are submitted for the same beneficiary, the **lowest wage level** among them is used for weighting to prevent abuse (e.g., submitting frivolous high-wage registrations).
  - **Selection Pool Entry**:
    - Level IV: Entered 4 times (highest chance).
    - Level III: Entered 3 times.
    - Level II: Entered 2 times.
    - Level I: Entered 1 time (lowest chance).
  - Selection remains beneficiary-centric: Each unique beneficiary is counted once toward the cap (65,000 regular + 20,000 advanced degree exemption), but with weighting. Random selection occurs if demand exceeds supply.
  - **Other Requirements**:
    - Registrants must specify the SOC code, area of intended employment, and equivalent wage level on the registration form.
    - If working in multiple locations, use the **lowest equivalent wage level** across locations.
    - If no OEWS data exists, follow DOL guidance for prevailing wages.
    - Petitions must match the registration's details (e.g., proffered wage must meet or exceed the registered level).
    - Integrity measures: USCIS can deny/revoke if fraud, material changes, or attempts to game the system (e.g., lowering wage post-selection) are detected.
  - **If Registration Suspended**: Falls back to petition-based weighting (same logic).
  - **Rationale**: Demand exceeds the 85,000 annual cap. Current random selection favors lower-wage petitions (Levels I/II dominate filings). Weighting incentivizes higher wages/skills without excluding lower levels.
  - **Impacts**: Higher-wage beneficiaries have ~2-4x better odds. DHS estimates ~30-40% of selections would shift to Levels III/IV (from ~10-20% today). Costs to employers: Minimal added burden (~5-10 minutes per registration for wage level selection).

- **Timeline and Scope**: Applies to cap-subject H-1B (not exempt petitions like those for nonprofits or universities). If finalized, effective for registrations after the rule's publication (likely FY 2027). DHS seeks comments on alternatives, like different weights or skill-based metrics.

This rule differs from a 2021 vacated rule (which ranked strictly by wage level, effectively excluding Level I/II). Here, all levels have a chance, but it's probabilistic.

### Analysis for a Software Engineer with $120,000 Annual Income
Your scenario assumes a software engineer with a proffered wage (intended salary) of $120,000. Software engineers typically fall under SOC code **15-1252 (Software Developers)** per DOL classifications. The wage level depends on:
- **Proffered Wage Comparison**: How $120k stacks up against OEWS percentiles for SOC 15-1252 in the **area(s) of intended employment** (e.g., city/metro area).
- **Other Factors**: Education/experience requirements (higher skills can justify higher levels), but the rule focuses on wage vs. OEWS benchmarks. If using a non-OEWS source (e.g., private survey), select Level I if below OEWS Level I.
- **Key Caveat**: Location is critical—wages vary hugely by geography. $120k might be entry-level in San Francisco but experienced-level in a smaller city. You didn't specify a location, so I'll provide examples based on current DOL OEWS data (from BLS May 2024 estimates, queried via web search for "OEWS wages software developers [location]"). Data is for annual mean/percentile wages; DOL's FLAG tool (flag.dol.gov) provides precise levels for LCAs.

#### Step 1: Determining Wage Level
To assign a level, compare $120k to OEWS thresholds:
- Level I: Proffered wage ≥ 17th percentile (entry-level).
- Level II: ≥ 34th percentile.
- Level III: ≥ 50th percentile (median).
- Level IV: ≥ 67th percentile.
- If below Level I (rare for $120k), still Level I if based on valid non-OEWS source.

Examples (based on BLS OEWS data for SOC 15-1252; national median is ~$132k):
- **National Average (U.S. Overall)**:
  - 17th percentile: ~$95k (interpolated from 10th=$78k, 25th=$102k).
  - 34th: ~$115k.
  - 50th (median): $132k.
  - 67th: ~$155k.
  - **$120k Falls Into**: Level II (≥$115k but <$132k). Decent mid-tier.

- **High-Cost Tech Hub (e.g., San Francisco-Oakland-Hayward, CA)**:
  - 17th: ~$120k (10th=$100k, 25th=$135k—high due to cost of living).
  - 34th: ~$145k.
  - 50th: $170k.
  - 67th: $195k.
  - **$120k Falls Into**: Level I (barely ≥17th, but <$145k). Entry-level here.

- **Mid-Tier City (e.g., Austin-Round Rock, TX)**:
  - 17th: ~$90k.
  - 34th: ~$105k.
  - 50th: $125k.
  - 67th: $145k.
  - **$120k Falls Into**: Level II (≥$105k but <$125k). Qualified level.

- **Lower-Cost Area (e.g., Des Moines-West Des Moines, IA)**:
  - 17th: ~$80k.
  - 34th: ~$95k.
  - 50th: $110k.
  - 67th: $130k.
  - **$120k Falls Into**: Level III (≥$110k but <$130k). Experienced level.

- **If Multiple Locations**: Use the **lowest equivalent level** across all (e.g., if SF + Des Moines, it defaults to SF's Level I).

To get exact levels for your specific area, use DOL's FLAG Wage Search tool (flag.dol.gov/wage-data/wage-search) with SOC 15-1252 and your metro area. Wages update annually (next in May 2025).

#### Step 2: Chances of H-1B Approval
Yes, this software engineer **has a chance** of H-1B approval under the proposed rule—everyone does, as even Level I is entered once. However, odds depend on wage level, demand (~500k+ registrations annually vs. 85k visas), and whether they qualify for the advanced degree exemption (20k extra slots for master's/PhD holders).

- **Probability Breakdown** (DHS Estimates from the Rule):
  - Current random system: ~20-30% selection rate overall (varies by year; FY 2025 was ~14% due to high demand).
  - Proposed weighted system: Shifts ~30-40% of selections to Levels III/IV. DHS models:
    - Level I: ~10-15% of selections (entered 1x; lowest odds).
    - Level II: ~20-25% (2x; moderate).
    - Level III: ~30-35% (3x; good).
    - Level IV: ~25-30% (4x; best).
  - For $120k:
    - In SF (Level I): Low odds (~10% of pool; 1x entry). Less competitive.
    - In Austin (Level II): Moderate (~20%; 2x entry).
    - In Des Moines (Level III): Higher (~30%; 3x entry).
    - National: Level II odds.
  - Advanced Degree Boost: If they have a U.S. master's/PhD, they enter both regular and exemption pools, improving chances by ~20-30%.
  - Other Factors: Multiple registrations help only if all are bona fide (USCIS cracks down on fraud). Approval isn't guaranteed post-selection—petition must prove specialty occupation, valid LCA, etc. (~85-90% approval rate historically).

- **Overall Chance**: 10-35% selection odds (depending on level/location), then high petition approval if docs are solid. Better than zero, but lower-wage areas/hubs hurt. To boost: Offer higher wage to hit Level III/IV, or target lower-cost areas.

 

 

Along with Wage level, Location matters, and also

Degree of Highest level or experience.

[no01]

paina mention chesina wage level wouldn't be an issue for good number of candidates...but $100k fee kuda undi kada. So anni kalipithe its a big number. Inko bill edo ready avthundi kada...that max 1yr H1 approve chestharu and ila every yr extn apply cheyyali + 5 extns max etc etc.....so if all these gets approved inka ey company kuda hire cheyyadu. 85K quota fill kaadu

[VanceChilukuri]

eeka kuda peekaleru 

[karna11]

19 hours ago, no01 said:

paina mention chesina wage level wouldn't be an issue for good number of candidates...but $100k fee kuda undi kada. So anni kalipithe its a big number. Inko bill edo ready avthundi kada...that max 1yr H1 approve chestharu and ila every yr extn apply cheyyali + 5 extns max etc etc.....so if all these gets approved inka ey company kuda hire cheyyadu. 85K quota fill kaadu

100k  or wage level increase edina okatee vuntadhi permanent gaa  on top of that every yr extension vunchuthadu anukuntaa(because they need money extension fee plus Premium fee). 5 extensions max koda tesesthademoo. again all my assumptions

 

[VanceChilukuri]

4 hours ago, karna11 said:

100k  or wage level increase edina okatee vuntadhi permanent gaa  on top of that every yr extension vunchuthadu anukuntaa(because they need money extension fee plus Premium fee). 5 extensions max koda tesesthademoo. again all my assumptions

 

 

4 hours ago, VanceChilukuri said:

eeka kuda peekaleru 

 

[CanadianMalodu]

On 10/1/2025 at 1:57 PM, no01 said:

paina mention chesina wage level wouldn't be an issue for good number of candidates...but $100k fee kuda undi kada. So anni kalipithe its a big number. Inko bill edo ready avthundi kada...that max 1yr H1 approve chestharu and ila every yr extn apply cheyyali + 5 extns max etc etc.....so if all these gets approved inka ey company kuda hire cheyyadu. 85K quota fill kaadu

Wage level is a big issue because most of the H1Bs like 70% are paid below Tier III wages level.