On December 23, 2025, the U.S. Department of Homeland Security (DHS) formally announced a major overhaul of the H-1B work visa selection process. Beginning with the FY 2027 H-1B cap registration season, U.S. Citizenship and Immigration Services (USCIS) will replace the long-standing random lottery with a weighted selection system that prioritizes higher-skilled and higher-paid foreign workers.
These changes are intended to protect American workers while reshaping how employers approach H-1B sponsorship.
Key Change: Weighted H-1B Visa Selection Replaces the Lottery
Under the new DHS rule, H-1B visas will no longer be awarded through a purely random lottery. Instead, USCIS will implement a weighted selection process that increases the likelihood of selection for registrations offering:
- Higher wages
- Higher skill levels
- More specialized roles
H-1B Cap Remains the Same
The annual numerical limits on H-1B visas are unchanged:
- 65,000 standard H-1B visas
- 20,000 additional visas reserved for individuals with U.S. advanced degrees
While employers at all wage levels may still participate, registrations offering higher wages will have a stronger chance of being selected under the new framework.
Effective Date and Implementation Timeline
- Rule effective date: February 27, 2026
- Applies to: FY 2027 H-1B cap registration season
Employers planning to sponsor foreign workers should begin adjusting their H-1B strategies now to account for the new selection criteria.
Part of Broader H-1B Reform Efforts
DHS emphasized that this rule is part of a broader effort to strengthen the integrity of the H-1B program. It aligns with other recent measures, including a Presidential Proclamation requiring employers to pay an additional $100,000 per H-1B visa (for certain applicants only) as a condition of eligibility.
Collectively, these reforms reflect a more restrictive approach to employment-based immigration.
What the New H-1B Rules Mean for Employers
Employers seeking to hire foreign professionals should be aware that the new system places greater emphasis on:
- Competitive wage offers
- Proper job classification and wage level selection
- Strategic planning for H-1B registrations
- Increased compliance and cost considerations
Early preparation and legal guidance will be critical for employers navigating the FY 2027 H-1B season and beyond.
What This Means for Foreign Workers
For foreign professionals, particularly those with advanced skills and higher-paying job offers, the weighted selection process may improve the likelihood of H-1B selection compared to the previous lottery system. However, competition is expected to remain intense.
How an Immigration Attorney Can Help
The H-1B visa process continues to evolve, and these regulatory changes significantly affect both employers and foreign nationals. Working with an experienced immigration attorney can help ensure compliance, improve selection strategies, and reduce the risk of costly errors.
If you have questions about the new H-1B visa selection process or need assistance with employment-based immigration matters, contact our office at michael@wildeslaw.com to schedule a consultation.
*This was posted on 12/24/25, and may not be updated.
