The US will prioritise high-skilled, high-paying individuals by replacing the random H-1B lottery with weighted selection

Regulations regulating the selection of H-1B registrations for cap-subject petitions by U.S. Citizenship and Immigration Services (USCIS) have been amended, according to the U.S. Department of Homeland Security (DHS). The updated framework would allow firms to apply for H-1B workers at all wage levels, but DHS will replace the current random lottery with a weighted selection process that typically favours higher-skilled and higher-paid foreign workers.  In addition to strengthening the integrity of the system, which has come under fire for permitting abuse through the mass filing of low-wage registrations, the new rule aims to better match the H-1B program with congressional purpose. The rule will go into effect on February 27, 2026, just in time for the registration period for the FY 2027 H-1B cap.  USCIS spokesperson Matthew Tragesser commented on the shift, saying, “U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers exploited and abused the existing random selection process of H-1B registrations.” By encouraging American firms to apply for higher-skilled, higher-paid foreign workers, the new weighted selection will improve America’s competitiveness and better fulfil Congress’ goals for the H-1B program. We will keep updating the H-1B program to support American companies while preventing the misuse that was endangering American workers with these and future regulatory changes.  The annual quota on H-1B visas is still set at 65,000, with an extra 20,000 visas set aside for candidates with advanced degrees from the United States. While maintaining access to the program for firms throughout the salary spectrum, the updated approach will give more weight to registrations linked to higher wages and skill levels during the selection process, enhancing their chances of being selected.  The regulation is a component of larger changes meant to protect American workers and deal with abuse of the visa program. According to DHS, it is consistent with other policies that the Trump Administration has implemented, such as a Presidential Proclamation that mandates employers to pay an extra USD 100,000 for each visa in order to be eligible.  “We will continue to demand more from employers and foreign workers as part of the Administration’s commitment to H-1B reform so that we don’t undercut American workers and to put America first,” Tragesser continued. Employers, foreign professionals, and international talent flows looking to join the U.S. labour market would all be impacted by the anticipated major change in the allocation of H-1B visas brought about by the weighted selection system.