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DHS Changes H-1B Visa Selection Process: What Employers and Applicants Need to Know
The U.S. Department of Homeland Security (DHS) has announced a major change to the H-1B visa selection process—moving away from the traditional random lottery and toward a weighted selection system that prioritizes higher-skilled and higher-paid applicants.
This change is intended to strengthen program integrity, protect U.S. workers, and better align the H-1B program with Congressional intent.
From Random Lottery to Weighted Selection
Under the previous system, H-1B registrations were selected through a random lottery when the number of registrations exceeded the annual cap.
Under the new rule, DHS will implement a weighted selection process, where registrations offering higher wages and higher skill levels will have a greater chance of being selected.
While all wage levels will still be eligible to participate, higher-paying and higher-skilled positions will receive greater preference in the selection process.
Why DHS Made the Change
DHS cited long-standing concerns that the random lottery system was vulnerable to misuse. According to the agency, some employers were able to flood the registration pool with lower-wage positions, potentially undercutting:
- U.S. worker wages
- Job opportunities for American workers
- Fair Labor Standards
The new system is designed to encourage employers to offer competitive, market-based wages and prioritize high-skill talent, thereby supporting both U.S. workers and legitimate business needs.
What Is Not Changing
While the selection process is changing, the annual visa cap remains the same:
- 65,000 H-1B visas issued each fiscal year
- An additional 20,000 visas reserved for individuals with U.S. advanced degrees
The statutory structure of the H-1B program is unchanged—only the selection methodology is being updated.
When the New Rule Takes Effect
The new weighted selection rule becomes effective on February 27, 2026 and will apply to:
- The FY 2027 H-1B cap registration season
- All registrations submitted during that cycle
Employers planning to file H-1B registrations should begin preparing early to ensure their wage structures and job classifications align with the new selection criteria.
Part of Broader H-1B Reform Efforts
This regulatory change is part of a broader effort by DHS to strengthen the integrity of the H-1B program. The agency has indicated that additional reforms may follow as part of ongoing efforts to:
- Reduce misuse and abuse of the system
- Protect U.S. labor standards
- Ensure the program benefits both American workers and U.S. businesses
What Employers and Applicants Should Do Now
With the new system in place, employers and applicants should begin adjusting their strategies ahead of the FY 2027 registration season.
Key considerations include:
- Reviewing and potentially increasing wage offerings
- Ensuring job roles clearly reflect skill level and specialty occupation requirements
- Preparing for increased competition in the selection process
- Planning filings earlier than usual
Early preparation will be critical in navigating the new weighted selection framework successfully.
To discuss your specific situation, you may schedule a consultation with the Law Office of Jacqueline Lentini, LLC by calling 630-262-1435 or emailing jacki@lentinivisas.com.