The U.S. Department of Homeland Security announced Tuesday that it has finalized changes to the H-1B work visa selection process, replacing the program’s random lottery with a weighted system that prioritizes higher-skilled and higher-paid foreign workers.
Under the new rule, H-1B visas subject to the annual cap will be allocated based on wage levels rather than chance. DHS said the change is intended to better protect the wages, working conditions, and job opportunities of American workers while strengthening the integrity of the H-1B program.
The Dallas Express previously reported on the high level of public engagement surrounding proposed H-1B reforms during the federal rulemaking process, as critics raised concerns about wage suppression and abuse of the program.
“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 U.S. Citizenship and Immigration Services spokesman Matthew Tragesser.
“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.”
Federal law limits new, cap-subject H-1B visas to 65,000 per year, with an additional 20,000 reserved for workers holding advanced degrees from U.S. institutions.
DHS said the weighted selection process will increase the probability that visas are awarded to higher-paid positions while maintaining eligibility across all wage levels.
The rule is effective February 27, 2026, and will apply to the Fiscal Year 2027 H-1B cap registration season.
DHS described the final rule as part of a broader effort by the Trump administration to reform the H-1B program and address what officials say has been widespread abuse of the system. The department said the rule aligns with other recent actions, including a Presidential Proclamation requiring most employers to pay a $100,000 fee per new visa as a condition of eligibility.
“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.
DHS said it may pursue additional regulatory changes to the H-1B program in the future.
