H-1B Season Open: USCIS Wage Level Selection Statistics May Be Inaccurate

The H-1B cap registration season is upon us, and immigration attorney Alan Lee is urging employers and applicants to begin the process without delay if they have not already done so. Timely preparation is critical given the competitive nature of the H-1B lottery system and the strict filing windows involved. A central focus of Lee's analysis is a challenge to USCIS statistics regarding projected selection rates for Level I (entry-level) and Level II (qualified) wage positions. According to Lee, these projections are likely inaccurate, which could have meaningful implications for how petitioners structure their cases and set wage levels in H-1B registrations. While H-1B visa classification is distinct from EB-3 employment-based immigration, the two pathways are closely linked in practice. Many foreign nationals on H-1B status simultaneously pursue EB-3 permanent residence (green card) sponsorship, making developments in H-1B policy directly relevant to the EB-3 community. For EB-3 applicants currently in H-1B status, maintaining valid nonimmigrant status while waiting for priority dates to become current is essential. Any errors or miscalculations in the H-1B process can jeopardize an applicant's ability to remain in the U.S. during the often multi-year EB-3 queue.