The Department of Homeland Security (DHS) is changing the H-1B work visa selection process to prioritize higher-skilled and higher-paid foreign workers. The new regulation will replace the current random lottery system, which critics have said allowed some employers to exploit the program by hiring lower-wage workers over Americans.
“The existing random selection process of H-1B registrations was exploited and abused by U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers,” said US Citizenship and Immigration Services spokesman Matthew Tragesser.
Protecting American workers
The reform aims to protect US wages, working conditions, and job opportunities. Under the weighted system, applicants with higher skills and higher salaries will have a greater chance of being selected for the annual cap of 65,000 visas, with an additional 20,000 reserved for US advanced degree holders.
“The new weighted selection will better serve Congress’ intent for the H-1B program and strengthen America’s competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers,” Tragesser said.
Preventing abuse of the H-1B program
The random lottery system has often been criticized for being exploited by employers who flood the selection pool with lower-skilled workers at low wages. DHS says the weighted process will maintain opportunities for employers seeking H-1B workers at all wage levels but reduce abuses that harm American employees.
"With these regulatory changes and others in the future, we will continue to update the H-1B program to help American businesses without allowing the abuse that was harming American workers,” Tragesser added.
Effective date and implementation
The final rule takes effect on February 27, 2026, ahead of the FY 2027 H-1B registration season. DHS emphasizes that this is part of ongoing efforts to strengthen the integrity of the H-1B visa program.
Additional measures Under the Administration
The update follows other administration changes, including a Presidential Proclamation requiring employers to pay an additional $100,000 per visa to qualify.
“As part of the Trump Administration’s commitment to H-1B reform, we will continue to demand more from both employers and aliens so as not to undercut American workers and to put America first,” Tragesser said.
