The Department of Homeland Security (DHS) is changing the H-1B work visa selection process to favor higher-skilled, higher-wage foreign workers. The new regulation will replace the current random lottery system, which critics say has allowed some employers to take advantage of the program by hiring lower-wage workers than Americans.
“The existing H-1B randomization process has been abused and misused by U.S. employers primarily seeking to import foreign workers at lower wages than they would pay U.S. workers,” said U.S. Citizenship and Immigration Services spokesman Matthew Tragesser.
Protecting American workers
The goal of the reform is to protect American wages, working conditions and job opportunities. Under the weighted system, applicants with higher qualifications and higher salaries will have a better 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 apply for better-paid, better-skilled foreign workers,” Tragesser said.
Prevention of abuse of the H-1B program
The random lottery system has often been criticized for being abused by employers who flood the pool with less skilled workers at low wages. DHS says the weighted process will preserve opportunities for employers seeking H-1B workers at all wage levels, but limit abuses that harm American workers.
“With these regulatory changes and more to come, we will continue to update the H-1B program to help American businesses without enabling the abuses that have harmed American workers,” Tragesser added.
Effective and execution date
The final rule will take effect on February 27, 2026, prior to the FY 2027 H-1B filing season. DHS emphasizes that this is part of an ongoing effort to strengthen the integrity of the H-1B visa program.
Other measures under management
The update follows other administrative 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 to not undermine American workers and put America first,” Tragesser said.
