Major H-1B Visa Policy Shake-Up: Wage-Based Selection to Replace Lottery

1. White House Greenlights Wage-Based H-1B Allocation

The White House’s Office of Information and Regulatory Affairs (OIRA) has approved a proposed rule to overhaul the current H-1B visa lottery system. This new plan would prioritize applicants based on wage levels, rather than relying on chance. In other words, high-paying job offers may now determine who gets an H-1B visa first The Economic TimesBusiness StandardHindustan Times.

The initiative echoes a Trump-era policy aimed at favoring skilled and well-compensated workers. It is touted as a measure to ensure that H-1B visas support top-tier talent, but it also raises concerns: entry-level professionals and small employers may be disadvantaged in this new approach The Times of India+1.

This ruling has now cleared OIRA review and is expected to be published soon, triggering a formal comment period before potential enactment FragomenThrough The Immigration LensAInvest.

2. In-Person Interviews Mandatory from September 2, 2025

The U.S. Department of State has reinstated a strict in-person interview requirement for H-1B visa applicants and renewals—ending the widely used Dropbox waiver feature. This change means visa holders must return to their home country and visit a U.S. consulate or embassy to complete the process India TodayNBC Bay AreaNavbharat Times.

Impacts include:

• Increased costs and travel burdens for professionals and their families.
• Longer processing times and delays in returning to work, especially in key tech hubs like Silicon Valley NBC Bay AreaIndia Today.

3. CSPA Age Calculation Revision: Potential “Aging Out” Crisis for Children

The U.S. Citizenship and Immigration Services (USCIS) has issued a new policy under the Child Status Protection Act (CSPA). Effective August 15, 2025, this update redefines how a child’s age is calculated for green card eligibility—potentially pushing many eligible H-1B children over the age limit prematurely The Times of India.

This change has triggered considerable anxiety among immigrant families, especially those from India, as many children may now “age out” and lose their eligibility even if their parents’ petitions are still in progress. Expert advice: affected families should explore alternative pathways or expedite filings to mitigate the impact The Times of India.

What You Can Do Now

1. For Job Seekers & Employers
   • Highlight competitive compensation in job offers to boost H-1B chances.
   • Be prepared for potential filing delays due to in-person interview scheduling.
2. For Immigrant Families
   • Take stock of any children approaching age 21 and act quickly.
   • Explore other visa categories or legal assistance early to preserve eligibility.
3. For Institutions & Legal Professionals
   • Prepare for public comment processes regarding the wage-based rule.
   • Update clients on the August 15 deadline for CSPA-related challenges.

Let me know if you’d like a deeper breakdown—whether it’s drafting comments on the policy proposal, legal strategy for affected families, or guidance on navigating the new interview requirements.

What These Changes Mean in Practice