by The Department of Homeland Security (DHS) will publish a Final Rule significantly changing the H-1B visa application process. The Rule is expected to be published in the Federal Register on December 29, 2025, with an effective date of February 27, 2026.
The Rule will replace the current random lottery selection process. The new process is a weighted selection process that favors higher-skilled, higher-paid foreign professionals for consideration.
The new selection process will use wage data from the Occupational Employment and Wage Statistics (OEWS). Based on the OEWS wage level, the more entries get added to the selection pool. Under the new system, when the number of H-1B registrations exceeds the number of available H-1B visas, each unique beneficiary will be entered into a lottery with weighted odds as follows:
- Registrations assigned a level IV wage will be entered into the pool four times.
- Registrations assigned a level III wage will be entered into the pool three times.
- Registrations assigned a level II wage will be entered into the pool twice.
- Registrations assigned a level I wage will be entered into the pool one time.
Employers should familiarize themselves with the proposed rule, assess its potential impact on their organization, and take steps to prepare for the new H-1B submission requirements. For more information on the new process, visit https://www.uscis.gov/newsroom/news-releases/dhs-changes-process-for-awarding-h-1b-work-visas-to-better-protect-american-workers.
