The Department of Homeland Security (DHS) announced on 10/28/2020 a proposed rule to amend the H-1B regulations governing the process by which the annual H-1B lottery is conducted.
If finalized as proposed, USCIS would first select registrations (or petitions, if the registration process is suspended) based on the highest Occupational Employment Statistics (OES) prevailing wage level that the offered wage equals or exceeds. This would replace the random H-1B selection process in this manner. So, offering a Level 4 OES wage would improve chances of selection.
The reason given for this proposed rule is to help counter the downward pressure on the wages of U.S. workers that is created by an annual influx of relatively lower-paid, new cap-subject H-1B workers (i.e. Level 1 OES wages).
According to the DHS, the changes proposed in this rule would provide some prospective petitioners the ability to potentially improve their chance of selection by agreeing to pay H-1B beneficiaries higher wages that equal or exceed higher prevailing wage levels.
DHS will open a public comment period once the proposed rule is published in the Federal Register. Interested parties will have 30 days to submit comments relevant to the proposed rule and 60 days to submit comments relevant to the proposed information collection. DHS will review all properly submitted comments, consider them carefully, and draft responses before issuing a final rule.