DHS Announces New H-1B Selection Process

On December 23, 2025, the US Department of Homeland Security (DHS) announced that it finalized its proposal to overhaul how US Citizenship and Immigration Services (USCIS) selects H-1B registrations for H-1B cap-subject petitions. The final rule replaces the random selection with a weighted, wage-level based selection, effective February 27, 2026. 

The new rule prioritizes higher-paid foreign workers by giving them a greater chance of selection in the H-1B cap lottery, while still allowing entry-level workers to participate.

Ogletree Deakins:
DHS Announces Final Rule Establishing Weighted Selection Process for Cap-Subject H-1B Petitions

USCIS:
DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers