The public has until Midnight (Eastern), November 24, 2025, to submit feedback on the Department of Homeland Security’s proposed changes to the H-1B visa lottery.
As of midday today, about 1,000 new comments have been posted on the federal portal at Regulations.gov, bringing the total to over 12,000.
The proposed rule, titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions”, would replace the current random lottery for 85,000 annual H-1B visas with a system that gives priority to higher-wage positions.
Registrations for unique beneficiaries would be entered into a weighted selection pool based on wage levels, with the highest-wage positions having the greatest odds of selection. The plan also covers the advanced degree exemption and provides procedures for registration system suspensions.
The H-1B visa program allows U.S. employers to hire foreign workers for specialty occupations requiring at least a bachelor’s degree. Under current law, 65,000 visas are available annually, with an additional 20,000 for workers holding U.S. master’s degrees or higher. DHS says the reform aims to incentivize employers to offer higher wages and hire more skilled workers, while maintaining opportunities at all wage levels.
Public input is submitted through Regulations.gov under docket number USCIS-2025-0040. Comments may include data, analysis, or personal experiences to help shape the final rule. Submissions are publicly disclosed, and federal agencies review substantive feedback before finalizing the rule.
The change is part of an ongoing effort from the Trump administration to prioritize higher-paid foreign talent, despite recent comments that appear to be at odds with the president’s policy reforms.
Trump recently told Fox News host Laura Ingraham, “[Americans] don’t have certain talents, and people have to learn. You can’t take people off an unemployment line and say, ‘I’m going to put you into a factory where we are going to make missiles,” while defending his continuation of the H-1B visa program, The Dallas Express reported.
His comments were perceived by some in the MAGA base as broadly endorsing the H-1B visa program as necessary for both entry-level and higher-paid management positions in America’s leading industries.
Yet, at the same time the president made these comments, the public comment period on the weighted selection process was ongoing, and a $100,000 fee for most new H-1B visas was being imposed.
Corporate America reacted to the new fee structure in different ways. Walmart’s leadership indicated that the company would suspend usage of the H-1B visa program. Meanwhile, Nvidia’s CEO said that his company would continue paying the fees, The Dallas Express reported.
The comment period closing today represents the final opportunity for Americans, businesses, and advocacy groups to weigh in on one of the most consequential H-1B reforms in recent years.
One commenter, named Justin Vance, said, “Please add a minimum prevailing starting wage of $175K / year.” He went on to suggest an elevated base salary structure that ranged from $175,000 to $400,000, with preference for visa issuance given to those paid $400,000 or more. Iterations of Vance’s proposal were repeated at least a dozen times in comments from other people observed by The Dallas Express.
Mukthar Thangal argued, “a purely wage-weighted lottery could unintentionally limit opportunities for entry-level professionals, recent graduates, and employees of startups or small businesses. These individuals and organizations may not always offer the highest wages, but they bring fresh perspectives, ideas, innovation, and entrepreneurial energy that strengthen the U.S. workforce and keep the nation competitive.”
A link to submit a comment can be found here.