The Trump administration is set to publish new H-1B visa rules tomorrow, December 29. These rules will give more chances to high-wage applications in the visa lottery. Immigration attorney Emily Neumann warned these rules may face legal challenges. She said, "The H-1B visa program created by Congress was not meant for a wage-based selection." Neumann noted this is not the first time the administration tried this tactic, but courts struck down earlier attempts due to lack of proper notice. This time, the administration followed all formal steps by publishing a notice on September 24 and collecting public comments for a month. However, they ignored 27,000 comments before finalizing the rules on December 23. The new wage-based selection will apply to all 85,000 annual applications, including 65,000 under the regular cap and 20,000 for US advanced degree holders. Normally, the US runs a random lottery because applications exceed available visas. Now, H-1B requests will enter the lottery pool multiple times based on wage levels defined by the Department of Labor's prevailing wage system, not actual salary. Wage Level IV jobs get four entries, Level III three entries, Level II two, and Level I just one. This method favors high-paying jobs and senior positions. The rules will likely take effect on February 27, 2026, just before the next H-1B lottery in March. Neumann highlighted that Congress did not specify visas should favor higher wages. She said, "There is already an O-1 visa meant for highly exceptional individuals. H-1B does not require higher qualifications apart from bachelor's." The system was designed for a simple lottery without wage bias. The lawyer added, "The administration is saying they have the authority to favor higher wages," a move she warns could be legally contested.