The Department of Homeland Security (DHS) has announced a final rule that fundamentally restructures the H-1B work visa selection process. Under the new regulations, the government will move away from its traditional random lottery system in favor of a “weighted selection process.”
This change is designed to prioritize the allocation of visas to foreign workers who possess higher skills and command higher salaries, with the stated goal of protecting the wages and job opportunities of the American workforce. By shifting the focus to higher-paid positions, officials aim to ensure the H-1B program aligns more closely with its original intent of bringing specialized talent to the United States.
According to U.S. Citizenship and Immigration Services (USCIS), the previous random selection system was frequently exploited by employers seeking to import foreign labor at lower wages than they would typically pay U.S. workers.
Spokesman Matthew Tragesser noted that the new weighted system will incentivize American businesses to petition for the highest-skilled candidates, thereby strengthening national competitiveness. The agency maintains that these regulatory updates are necessary to prevent abuses that have historically harmed domestic workers while still allowing businesses to fill critical skill gaps.
The new selection mechanism operates on a tiered probability system based on wage levels. Each unique beneficiary will be entered into the selection pool a specific number of times corresponding to their assigned wage level: those at Wage Level IV will receive four entries, Wage Level III will receive three, Wage Level II will receive two, and Wage Level I will receive a single entry. This structure significantly increases the likelihood that higher-paid professionals will be selected, though the DHS emphasizes that the program remains open to H-1B workers at all wage levels, including entry-level roles.
In addition to the weighted entries, the final rule introduces stringent integrity measures to prevent fraud. Employers must now provide consistent identifying information and specific occupational data, such as the Standard Occupational Classification (SOC) code, on both the initial registration and the final petition.
USCIS has been granted the authority to deny or revoke petitions if an employer is found to have manipulated wage levels or job descriptions to unfairly increase their selection odds. This move is part of a broader series of reforms, which includes a previous Presidential Proclamation requiring certain employers to pay a $100,000 fee per visa.
The H-1B program remains capped at 65,000 visas annually, with an additional 20,000 reserved for individuals holding advanced degrees from U.S. universities. This final rule is scheduled to become effective on February 27, 2026, and will be fully implemented for the Fiscal Year 2027 H-1B cap registration season.
The administration views this as a crucial step in modernizing the immigration system to “put America first” by demanding greater accountability from both employers and foreign applicants.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
