JN
404_justice_not_found_3
OP
Jun 15, 2024
The DHS final rule replacing the H-1B lottery with wage-based selection goes into effect February 26, 2025. For those who haven't been following this: instead of the random lottery, USCIS will now rank H-1B petitions by the offered wage relative to the prevailing wage for that occupation and area. Higher wage offers get selected first.
There's also a new $100K supplemental registration fee per petition. Yes, you read that right — one hundred thousand dollars just to register.
I manage a DevOps team at a mid-size startup (Series B, ~200 employees) and we rely heavily on H-1B talent. Two of my best engineers are on H-1B and I have a job offer out to a candidate who would need sponsorship.
I'm trying to understand the practical impact:
- Does this basically mean only FAANG-level salaries will get through the selection process?
- What happens to current H-1B holders who want to transfer to smaller companies at lower salaries?
- Is the $100K fee refundable if the petition isn't selected?
- Are there realistic legal challenges that might delay implementation?