The Department of Homeland Security (DHS) has announced amendments to regulations governing the H-1B work visa selection process, shifting away from a random lottery toward a system that prioritizes higher-skilled and higher-paid foreign workers. The changes are intended to better “protect the wages, working conditions, and job opportunities” of American workers.

Under the new rule, the longstanding random selection process for H-1B visa recipients will be replaced with a weighted system that gives greater consideration to applicants with higher skill levels and wages. U.S. Citizenship and Immigration Services spokesman Matthew Tragesser outlined the change in a statement issued on December 23.

“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 Tragesser. “The new weighted selection will better serve Congress’ intent for the H-1B program and strengthen America’s competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers. With these regulatory changes and others in the future, we will continue to update the H-1B program to help American businesses without allowing the abuse that was harming American workers.”

The H-1B program is capped at 65,000 visas annually, with an additional 20,000 visas reserved for applicants holding advanced degrees from U.S. institutions. The random lottery system has long drawn criticism from policymakers and labor advocates, who argue that it allowed “unscrupulous employers” to flood the application pool with “lower-skilled” workers offered lower wages, undermining protections for U.S. workers.

Addressing those concerns, Tragesser said the final rule introduces a weighted selection process designed to increase the likelihood that visas are awarded to higher-skilled and higher-paid applicants, while still preserving opportunities for employers to hire H-1B workers across all wage levels. The rule will take effect on February 27, 2026, and will apply to the FY 2027 H-1B cap registration season.

Tragesser added that the change represents another step toward strengthening the “integrity” of the H-1B nonimmigrant visa program.

“It is in line with other key changes the administration has made, such as the Presidential Proclamation that requires employers to pay an additional $100,000 per visa as a condition of eligibility,” he said. “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.”

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