DHS Modifies H
Release Date: 12/23/2025
WASHINGTON – The Department of Homeland Security (DHS) is amending regulations governing the H-1B work visa selection process. The new rules prioritize higher-skilled and better-paid foreign workers to protect American workers’ wages, working conditions, and job opportunities.
The existing random lottery system was exploited by U.S. employers seeking to import lower-wage foreign workers. According to Matthew Tragesser, a spokesman for U.S. Citizenship and Immigration Services (USCIS), the new weighted selection process will better serve Congress’s intent for the H-1B program and strengthen America’s competitiveness.
‘The current random selection process has often been criticized for allowing unscrupulous employers to exploit it by flooding the selection pool with lower-skilled foreign workers paid at low wages, to the detriment of American workers,’ Tragesser said. ‘With these regulatory changes and others in the future, we will continue to update the H-1B program to help American businesses without allowing abuse that harms American workers.’
The number of H-1B visas issued annually is limited to 65,000, with an additional 20,000 for U.S. advanced degree holders. The final rule will implement a weighted selection process that increases the probability of H-1B visas being allocated to higher-skilled and better-paid aliens while maintaining opportunities for employers at all wage levels.
This final rule is effective Feb. 27, 2026, and will be in place for the FY 2027 H-1B cap registration season. The rule is another crucial step toward strengthening the integrity of the H-1B nonimmigrant visa program. It aligns with other key changes made by the administration, such as the Presidential Proclamation requiring employers to pay an additional $100,000 per visa.
‘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 said.
For more information, see the final rule. For more information on USCIS and its programs, please visit uscis.gov or follow us on X (Formerly Twitter), Instagram, YouTube, Facebook, and LinkedIn.
Source: USCIS