H-1B Visa Lottery May Be Replaced by Wage-Based System

What is the H-1B Visa?

The H-1B visa is a non-immigrant visa that allows US companies to employ skilled foreign workers, especially in STEM fields (science, tech, engineering, math). There’s an annual cap of 85,000 visas, selected through a random lottery if applications exceed the cap (which they usually do).

What Changes Are Being Proposed?

The proposed “wage-weighted selection system” would replace the current lottery with a system that favors employers offering higher salaries. The goal, according to Edlow, is to ensure the visa is used to “supplement, not replace” American workers.

• Higher salary = better chance of getting an H-1B
• Lower-wage applicants (often recent graduates) would be at a disadvantage

Why Is This Happening?

• Republicans and MAGA supporters argue that the current system allows companies to bring in cheap foreign labor instead of hiring Americans.
• This plan revives a similar idea proposed during Trump’s first term but withdrawn by the Biden administration.

Who Is Opposing It?

• Tech industry leaders (like Apple, Google, and Tesla)
• Startups, hospitals, and universities
• International student advocates

They argue:

• It would hurt recent grads, especially those who studied in the US.
• It would damage innovation, since 25% of billion-dollar startups were founded by international students.
• The US lacks enough local STEM graduates to meet employer demand.

Alternatives Being Suggested

Experts like Ben Waxman (Intead CEO) recommend:

• Using data-driven models to assess labor shortages
• Designing a more flexible system that reflects employer needs at different career levels (entry, mid, senior)
• Possibly letting states handle their own visa quotas

Why It Matters

This reform could:

• Make it harder for early-career international students to stay and work in the US
• Impact diversity and talent in US companies
• Reshape the future of US immigration, higher education, and workforce development

The H-1B visa system is under pressure to prioritize high salaries over fairness and randomness. While it may satisfy political demands, it risks harming the US’s ability to attract global talent especially recent international graduates.

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