The U.S. Department of Homeland Security (DHS) has announced a significant change to the H-1B work visa selection process, aimed at strengthening protections for American workers and reducing misuse of the program. The new regulation replaces the long-standing random lottery system with a weighted, skills-based selection process that prioritizes higher-skilled and higher-paid foreign professionals.

Why the H-1B Selection Process Is Changing

Under the existing lottery-based system, H-1B registrations were selected at random once the annual cap was reached. Over time, this approach faced criticism for being exploited by certain employers who flooded the system with registrations for lower-skilled, lower-paid workers. This practice, critics argued, undercut U.S. wages and reduced job opportunities for American workers.

According to U.S. Citizenship and Immigration Services (USCIS), the random selection model failed to fully align with the original intent of the H-1B program.

What the New Rule Introduces

The updated rule introduces a weighted selection process that increases the likelihood of selection for foreign workers with higher skill levels and higher wages. While employers can still petition for workers at all wage levels, greater preference will be given to roles that reflect advanced expertise and competitive compensation.

USCIS spokesperson Matthew Tragesser stated that the new process better supports Congress’s intent by encouraging employers to seek highly skilled talent rather than using the program to source low-wage labor.

Annual H-1B Visa Limits Remain the Same

The annual H-1B cap will remain unchanged:

• 65,000 visas under the regular cap
• 20,000 additional visas for applicants holding U.S. advanced degrees

What changes is not the number of visas available, but how they are allocated—with a stronger focus on skills, wages, and workforce protection.

Effective Date and Implementation

The final rule will take effect on February 27, 2026, and will apply to the FY 2027 H-1B cap registration season. Employers and applicants planning for future H-1B filings should begin preparing for this shift now.

Part of a Broader H-1B Reform Effort

This rule is part of a broader effort to strengthen the integrity of the H-1B program. It aligns with other recent policy measures, including a Presidential Proclamation requiring certain employers to pay an additional $100,000 per visa as a condition of eligibility.

The administration emphasized that future reforms will continue to demand greater accountability from both employers and foreign workers to prevent abuse and ensure fair labor practices.

What This Means for Employers and Applicants

For employers, the new rule underscores the importance of:

• Offering competitive wages
• Demonstrating genuine skill requirements
• Aligning H-1B roles with business-critical needs

For foreign professionals, higher qualifications and salary levels may significantly improve selection chances under the new system.

Final Thoughts

The transition from a random lottery to a weighted selection model represents a significant shift in how H-1B visas are awarded. By prioritizing higher skills and wages, DHS seeks to support U.S. businesses while strengthening protections for the American workforce—without limiting access to global talent. To understand how this change may impact your H-1B strategy, employers and applicants are encouraged to review the final rule issued by DHS or contact the Law Office of Thomas V. Allen for personalized guidance and legal support.

Disclaimer: This article provides general information and is not legal advice. Immigration laws and requirements change frequently. Consult a qualified attorney for advice tailored to your circumstances.