The Department of Homeland Security (DHS) has finalized a new rule that changes the H-1B visa selection process, moving away from the random lottery system to a weighted selection process that prioritizes higher-skilled and higher-paid foreign workers. This change, effective February 27, 2026, will be in place for the FY 2027 H-1B cap season. The goal is to better protect the wages and job opportunities of American workers by incentivizing employers to petition for highly skilled professionals. The annual H-1B cap remains at 65,000, with an additional 20,000 for those with a U.S. advanced degree. The new rule is part of a broader effort to reform the H-1B program, which includes a Presidential Proclamation requiring employers to pay an additional $100,000 per visa. This policy shift will significantly impact how employers approach the H-1B program and which candidates are selected.
New H-1B Visa Rule Prioritizes Higher-Skilled and Higher-Paid Workers
DHS is replacing the H-1B lottery with a weighted system that favors higher-skilled and higher-paid workers, effective for the FY 2027 cap season.
What This Means for You:
- Key Point 1: The H-1B selection process will no longer be a random lottery. Higher salaries and skill levels will increase the chances of selection.
- Who Should Be Concerned: U.S. employers and foreign nationals planning to participate in the H-1B cap lottery.
- Timeline for Action: The new rule is effective February 27, 2026, for the FY 2027 H-1B cap season.
- Next Steps: Employers should review their compensation structures for foreign workers and consult with an immigration attorney to strategize for the upcoming H-1B season.
Source: Uscis.gov