How does the new "weighted" lottery selection process work?

If the salary offered to the H1B employee qualifies for a level one wage (determined by the type of job and the physical location where the employee will be working), their name will be entered into the lottery one time. If their wage qualifies for level two, their name will be entered twice, and so on, up to level four.

To understand the details of how this works, you need to know how wage levels and SOC codes work in the H1B context. The minimum wage that an H1B worker must be paid is determined by three different factors:

1. The general category (called the SOC code) that the job falls into (i.e. software developer, administrative assistant, surgeon, etc.) 
2. The level of seniority required for the particular position Within the general SOC code of software developer, does this particular position require entry-level or senior skills? A Basic entry-level job is wage level 1, and the most senior version of the job is wage level 4. (Even though an entry-level surgeon position requires a medical degree and many years of specialized training, all surgeons start at wage level one within the SOC code of "surgeon". Conversely, even though a senior administrative assistant position may require little more than a college degree and a few years of experience, it is still considered wage level four within the SOC code of administrative assistant.)
3. The physical location where the employee will be working. (A software developer working a wage level 2 job in the Bay Area must be paid much more than the same person doing the same wage level 2 job in rural Nebraska.)

Here are a few things to keep in mind when strategizing about entering the lottery this year:

• The number of entries is determined by wage level, not job type. A wage-level four administrative assistant will be given four entries, while a wage-level one surgeon will be given one. (Keep in mind two things here: 1) the SOC code must match the actual job to be performed, and 2) some SOC codes that will allow you to get to wage level 4 easily will be very difficult to classify as "specialty occupations" for H1B purposes. This will lead to denial later on, even if it gives you a better chance of being initially selected in the lottery.)
• The number of entries is determined by wage level, not absolute salary. The same $100k salary that would only qualify for wage level one in a major city may qualify for wage level four if the employee will instead work in a small city or rural area. 
• The number of entries depends on the maximum wage level the salary would theoretically qualify for, not the applicant's actual qualifications. An entry-level software developer position suitable for a candidate who has just graduated from college will be given four entries if their salary would theoretically qualify for wage level 4.
  
  

For an overview of the entire H1B lottery process, see this article. For an overview of the fees, see this one.

If you have any further questions, we would be happy to discuss in more detail over a consultation, which you can book here.