The new weighted H-1B lottery has changed more than selection odds. By tying the number of lottery entries to wage levels, USCIS has introduced new compliance considerations that extend beyond the registration stage. Wage level, job duties, and experience requirements must now remain closely aligned not only for selection, but throughout petition adjudication and employment.

For the first time, wage level selection directly affects both lottery outcomes and downstream scrutiny, making it essential for employers to approach these decisions with long-term compliance in mind.

Registration Information Is Now a Binding Commitment

Under the weighted lottery system, employers must disclose the SOC code, wage level, and area of intended employment at the registration stage. USCIS expects these details to remain consistent through petition filing and into actual employment.

This framework reduces flexibility to adjust job structure or expectations after selection. The wage level selected at registration becomes a representation that USCIS may later evaluate against the employee’s actual duties, supervision, and qualifications.

If inconsistencies arise, they may result in an H-1B RFE or further review.

Wage Level Selection Carries Increased Compliance Significance

Because wage levels now influence lottery entries, they play a more central role in USCIS’s evaluation of the petition as a whole.

USCIS assesses whether:

• Job duties reflect the complexity associated with the selected wage level.
• The role requires the degree of independent judgment described.
• Experience requirements are reasonable and consistently applied.
• The employee’s background supports the level of responsibility outlined.

When these elements are not clearly supported by the record, USCIS may request additional evidence or clarification.

FDNS Site Visits and Wage Level Verification

FDNS site visits are an established compliance mechanism, and wage level alignment is increasingly relevant to how these visits are conducted.

For roles designated at higher wage levels, FDNS officers may verify:

• Whether the employee is performing the duties described in the petition.
• Whether the level of autonomy and responsibility matches the filing.
• Whether supervisory or leadership functions are present where stated.
• Whether worksite and end-client conditions are consistent with the petition.

When wage level, job duties, and experience requirements are closely aligned, FDNS site visits are typically straightforward. When they are not, additional follow-up may occur.

Job Titles Require Careful Alignment

Although wage levels are determined by job duties, job titles continue to frame how roles are initially understood by adjudicators and FDNS officers.

Titles suggesting seniority or leadership should accurately reflect the employee’s responsibilities and level of independence. Clear alignment between title, duties, and wage level helps reduce questions during adjudication and any subsequent compliance review.

Post-Approval Review Remains a Consideration

USCIS has indicated that post-October 1 follow-up may be used to confirm that employees are being paid in accordance with the wage level stated at registration and filing.

This underscores the importance of maintaining consistency after approval, particularly during the early months of H-1B employment.

Practical Steps for Employers in the First Year of the Weighted Lottery

Employers preparing for the H-1B cap should:

• Carefully evaluate job duties before selecting a wage level.
• Ensure experience and education requirements are accurate and supportable.
• Confirm job titles reflect actual responsibilities.
• Prepare HR and managers to describe the role consistently if contacted by FDNS.
• Treat wage level selection as part of an overall compliance strategy.

Key Takeaway

The weighted H-1B lottery represents a structural shift. Wage level selection now affects not only selection odds, but also how petitions may be reviewed and verified after filing.

Employers who approach wage level decisions with clarity and alignment are best positioned to navigate RFEs, FDNS site visits, and post-approval review under the new system.

FAQ: Weighted H-1B Lottery, FDNS Site Visits, and RFEs

Does wage level selection affect FDNS site visits?
Wage level selection influences how USCIS and FDNS evaluate the role. Clear alignment between wage level, duties, and qualifications helps ensure that any site visit proceeds smoothly.

Can USCIS issue RFEs related to wage level?
Yes. USCIS may request additional evidence if it needs clarification that the selected wage level accurately reflects the position.

Can USCIS review wage level compliance after approval?
Yes. USCIS has indicated that post-approval follow-up may be used to verify wage compliance consistent with the petition.

By: Adena Bowman

Adena Bowman is a Senior Associate Attorney at Reddy Neumann Brown PC with over 12 years of experience in U.S. immigration law. She helps clients ranging from small businesses to large multinational corporations bring workers to the U.S. and stay compliant with immigration regulations. She also guides individual clients through employment, investment, and family-based immigration matters. Clients rely on her for clear guidance, strategic planning, and personalized support in navigating complex immigration challenges.