U.S. Overhauls H-1B Visa Selection to Favor High-Skilled, High-Paid Workers

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USA

U.S. Overhauls H-1B Visa Selection to Favor High-Skilled, High-Paid Workers: In a major policy shift, the U.S. Department of Homeland Security (DHS) has announced new regulations to reform the H-1B work visa selection process. Most importantly, the department will replace the long-criticized random lottery system with a weighted selection model that prioritizes higher-skilled and higher-paid foreign workers, a move aimed at protecting American jobs, wages, and working conditions.

Until now, H-1B visas were allocated through a random lottery when applications exceeded the annual cap. However, DHS officials say that system was increasingly exploited. As a result, employers seeking lower-cost labor often flooded the system with applications, disadvantaging U.S. workers and undermining the program’s original intent.

“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 Matthew Tragesser, spokesperson for U.S. Citizenship and Immigration Services (USCIS). “The new weighted selection will better serve Congress’ intent for the H-1B program and strengthen America’s competitiveness.”

Under the new rule, DHS will give greater weight to applications offering higher wages and requiring higher skill levels. Consequently, employers who invest in top global talent will have a better chance of securing visas, while practices that depress wages will be discouraged. At the same time, officials emphasized that opportunities will remain available across wage levels, ensuring flexibility for legitimate business needs.

Each year, the U.S. issues 65,000 H-1B visas under the regular cap, along with an additional 20,000 visas reserved for foreign professionals holding U.S. advanced degrees. Although demand has consistently far exceeded supply, critics argue that the lottery system failed to distinguish between high-value roles and lower-wage positions. Therefore, DHS believes the weighted approach will bring greater fairness and integrity to the process.

Notably, the final rule will take effect on February 27, 2026, and will apply to the FY 2027 H-1B cap registration season. DHS described the change as a critical step in modernizing the program and aligning it with U.S. economic priorities.

Moreover, this reform complements other measures introduced by the administration to curb misuse of the H-1B program. These include a Presidential Proclamation requiring employers to pay an additional $100,000 per visa as a condition of eligibility—an effort designed to ensure that only employers with genuine, high-skill needs participate.

“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 added.

Overall, DHS officials argue that the new H-1B visa rules will strengthen America’s workforce, reward innovation, and restore public confidence in one of the country’s most important employment-based immigration programs.

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