U.S. Overhauls H-1B Visa Selection to Prioritize High-Wage Foreign Workers

The U.S. Department of Homeland Security is fundamentally changing the H-1B visa program. A new weighted selection system will replace the long-standing random lottery. The change aims to favor petitions for higher-skilled and higher-paid foreign workers. It is set to take effect for the Fiscal Year 2027 registration season.This regulatory shift addresses widespread criticism of the current process. Critics argued the random lottery was exploited to hire cheaper foreign labor. According to Reuters, the reform is a significant move to protect American wages and job opportunities.

A New System to Protect U.S. Workers and Wages

The core of the change is a weighted selection model. Under this system, registrations for beneficiaries offered higher salaries will have a greater chance of selection. The annual cap remains 65,000 visas, plus 20,000 for advanced degree holders.Officials state the goal is to incentivize employers to seek higher-skilled talent. A spokesperson for U.S. Citizenship and Immigration Services explained the rationale. They said the old process was abused by employers seeking lower-wage workers.The move aligns with a broader effort to reform employment-based immigration. The administration contends the previous system harmed American professionals. It allowed companies to undercut prevailing wages for domestic workers.

Implementation Timeline and Broader Reforms

The final rule is officially effective February 27, 2026. This timing precedes the H-1B registration period for FY 2027. DHS emphasizes this is part of ongoing work to strengthen program integrity.These changes follow other recent administrative actions. One notable measure is a proclamation requiring a hefty fee for certain visas. Employers must pay an additional $100,000 per visa to qualify under that specific rule.The cumulative effect aims to recalibrate the program’s focus. The government wants it to serve as a tool for top global talent. The intent is to support American competitiveness without undermining the domestic workforce.

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The overhaul of the H-1B visa selection process marks a pivotal shift in U.S. immigration policy. By weighting the system toward higher wages, officials aim to curb abuse and prioritize skill. This change could reshape how American companies recruit specialized talent from abroad for years to come.

Info at your fingertips

Q1: When do the new H-1B visa selection rules start?

The new weighted selection system takes effect on February 27, 2026. It will first be used for the H-1B registration period for Fiscal Year 2027. This gives employers time to adjust their strategies.

Q2: How does the weighted H-1B selection work?

It prioritizes registrations for foreign workers offered higher salaries. Petitions for higher-wage positions will have a better chance of selection in the lottery. The goal is to select more highly skilled and highly compensated beneficiaries.

Q3: Why is the U.S. government changing the H-1B system?

Officials say the current random lottery was prone to abuse. Some employers submitted many registrations for lower-wage positions to game the system. The change aims to protect American workers from being undercut on wages.

Q4: What was the main problem with the old H-1B lottery?

The primary criticism was that it allowed companies to flood the system with multiple registrations for the same beneficiary. This increased chances of selection for lower-salary roles. According to USCIS, this practice disadvantaged American professionals.

Q5: Does this affect the number of H-1B visas available?

No, the annual numerical caps remain unchanged. The reform alters how petitions are chosen from the registration pool, not the total number of visas issued. The caps are 65,000 for the regular pool and 20,000 for advanced degree holders.

Q6: Are there other recent changes to the H-1B program?

Yes, the administration has implemented other measures. One requires employers to pay a $100,000 fee per visa for certain dependent companies. This is part of a wider push to reform the program’s integrity.