The U.S. Department of Homeland Security (DHS) has announced major changes to the way H-1B work visas are awarded, replacing the long-standing random lottery system with a weighted selection process.
Under the new rule, visas will be prioritized for higher-skilled and higher-paid foreign workers, a move DHS says will help safeguard U.S. wages, working conditions, and job opportunities. The regulation, released December 23, is set to take effect February 27, 2026, ahead of the FY 2027 H-1B cap registration season.
“For years, the random selection process 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 spokesperson Matthew Tragesser. “The new weighted selection will better serve Congress’ intent for the H-1B program and strengthen America’s competitiveness by incentivizing employers to petition for higher-paid, higher-skilled foreign workers.”
The H-1B program allows U.S. employers to hire foreign workers in specialty occupations, but the number of visas is capped annually at 65,000, with an additional 20,000 reserved for applicants holding advanced degrees from U.S. institutions. Demand routinely exceeds supply, prompting criticism that the lottery system rewarded volume rather than skill and allowed some employers to flood the system with lower-wage applications.
DHS says the revised process will increase the likelihood that visas go to workers with higher qualifications and salaries, while still preserving access to the program across all wage levels. Officials argue the change will curb abuse without undermining the ability of U.S. businesses to hire needed talent.
The rule is part of a broader effort by the administration to tighten oversight of the H-1B program. DHS pointed to other recent measures, including a presidential proclamation requiring employers to pay an additional $100,000 per 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 officials describe the new weighted system as a key step in restoring integrity to the program, signaling further regulatory changes may follow.
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