The Department of Homeland Security received nearly 17,000 comments on its proposed H-1B visa lottery reform, revealing broad support for reform across the political spectrum.
The proposal, 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 giving priority to higher-wage positions.
Registrants 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 addresses the advanced degree exemption and procedures for suspensions of the registration system.
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 said the reform aims to incentivize employers to offer higher wages and hire more skilled workers while maintaining opportunities at all wage levels, per the agency’s proposal.
Hundreds of public comments reviewed by The Dallas Express skewed overwhelmingly negative or called for reform, with both Republican and Democratic voices criticizing the program.
Several commenters, including college students and advocacy groups, called for the program’s elimination or major overhaul.
Fran Rhodes, president of the True Texas Project, urged the program be paused or abolished, citing abuse and underpayment of American workers. “
The program is riddled with fraud and abuse, and puts American workers at a disadvantage, while creating a financial advantage for the companies hiring foreign workers at a lower pay scale,” Rhodes wrote.
Rhodes suggested adjusting the weighted system to favor countries with standards of living closer to the U.S., to account for unemployment in relevant fields, and to penalize companies that have laid off workers or received federal subsidies.
On the opposite side of the political spectrum, a left-leaning think tank reached a similar conclusion. The Economic Policy Institute’s (EPI) comment described the program as “deeply flawed and in desperate need of reform,” before noting that “U.S. employers do not have to recruit U.S. workers before hiring H-1B workers” and “U.S. employers can legally underpay H-1B workers.”
EPI gave a qualified endorsement, explaining, “Using a wage level prioritization allocation for H-1B visas is reasonable and consistent with the H-1B statute, and it should be the preferred method for allocation.”
However, the organization called for an allocation scheme that favored registrations with the highest wage premium, after controlling for occupation and geography, so high-paid software developers in San Francisco were not always favored over software developers or accountants in Cleveland.
This meeting of the minds was foreshadowed earlier this year when Republican Senator Chuck Grassley of Iowa and Democratic Senator Dick Durbin of Illinois joined together to excoriate Amazon for using H-1B labor while laying off American workers, The Dallas Express reported.
Their exchange preceded a wave of attacks from Democratic Ohio gubernatorial candidate Amy Acton against Republican competitor Vivek Ramaswamy for his characterization of American workers while supporting the H-1B program, DX reported.
Many American students and workers were intensely critical of the program.
Josh M., a self-identified college student working in technology, wrote that the H-1B program should be abolished or phased out over several years, arguing that qualified Americans could fill the positions currently held by visa holders.
Some academic and healthcare voices defended the current program.
The Association of American Universities’ comment urged DHS to reconsider the rule to avoid disrupting the pipeline between F-1 students and H-1B employment. The American Hospital Association highlighted challenges for rural and underserved hospitals in paying higher wages while maintaining access to critical staff.
The National Small Business Association warned that early-career workers could face diminished opportunities.
At least a dozen commenters with no clear organizational affiliation suggested raising the minimum H-1B wage to $175,000 to protect U.S. workers. Meanwhile, no credible comments were identified from Amazon or Nvidia, two of the largest H-1B employers.
The public comment period on the rule closed November 24, 2025. DHS will now review the nearly 17,000 submissions before issuing a final rule.