The Department of Homeland Security has announced significant changes to the H-1B work visa selection process. It will replace the random lottery with a weighted system that favors higher-skilled and better-paid foreign workers. The aim is to protect American workers by reducing wage competition and changing how employers vie for limited H-1B visas.
Weighted Selection Process Replaces Random Lottery
Under the new rule, DHS will allocate H-1B visas through a weighted selection process that considers skill level and wage offerings, rather than relying solely on random selection. U.S. Citizenship and Immigration Services said the shift is intended to correct weaknesses in the previous lottery system that allowed employers to submit large volumes of registrations for lower-paid roles.
In prior years, the random lottery made it possible for employers to increase selection odds without regard to compensation or job complexity. DHS officials said this practice undermined the original purpose of the H-1B program and created downward pressure on wages in specific industries.
The new system increases the likelihood that visas will be awarded to positions requiring advanced skills and offering higher pay, while still preserving access to the program across wage levels. The statutory cap on H-1B visas remains unchanged. Each fiscal year, 65,000 visas are available under the general cap, with an additional 20,000 reserved for foreign nationals who hold advanced degrees from U.S. institutions.
Administration Stresses Protection of American Workers
DHS officials stated that the updated selection process is meant to protect American workers by discouraging the use of foreign labor as a cheaper option. By prioritizing higher-paid positions, the administration claims the rule supports wage stability and fair competition in the domestic labor market.
USCIS spokesman Matthew Tragesser said the changes better align the H-1B program with congressional intent and reinforce workforce protections. Administration officials emphasized that the rule promotes innovation and productivity rather than labor cost savings as the basis for hiring decisions.
The weighted system also complements other policy steps taken by the administration, including enhanced vetting of H-1B applicants and higher financial obligations for participating employers. Together, DHS said these measures are meant to ensure that temporary work visas are used for legitimate specialty occupations.
Effective Date and Expected Impact
The final rule will take effect on February 27, 2026, and will apply to the FY 2027 H-1B cap registration cycle. Employers looking to sponsor foreign workers under the program will need to change their registration strategies to stay competitive under the new system.
Although lower-wage positions are not excluded, the rule adds more competition for those applications. Employers may focus more on higher wages, specialized credentials, or greater skill requirements to improve their chances of selection. Foreign nationals seeking H-1B sponsorship might also see changes in demand based on industry, job classification, and pay, especially in areas with historically high numbers of H-1B applications.
A Look Ahead
The shift away from a random lottery is one of the most significant changes to the H-1B program in recent years. Analysts believe the weighted selection system will affect hiring practices, wage trends, and workforce planning in technology, healthcare, engineering, and research fields.
More regulatory updates may come as DHS continues to review employment-based visa programs and enforcement priorities. ImmigrationQuestion.com will continue to track H-1B reforms, changes in visa selection, and related policy updates.
For continued monitoring of developments affecting asylum policy, immigration court procedures, and third-country deportation practices – visit ImmigrationQuestion.com, a meeting ground for individuals seeking clarity on U.S. immigration policy.
Get answers to your immigration questions from licensed immigration attorneys. For attorneys, use our innovative 3-in-1 case management software to improve your practice. Download our free app on Google Play Store and the Apple App Store.
Resources
**ImmigrationQuestion.com is a networking platform founded by Immigration Attorneys. It serves as a meeting ground for licensed immigration attorneys and people with immigration questions. It is not a law firm. It is not affiliated with or endorsed by USCIS or AILA. Attorneys on this platform are independent and have the discretion to offer a free consultation and/or set their fees under the law.
