Key Highlights
- The US has replaced the random H-1B visa lottery with a weighted, skill-based selection system.
- Higher-skilled and higher-paid applicants will be prioritised under the new rules.
- The changes will take effect from February 27, 2026, starting with the FY 2027 cap season.
The United States has announced a major overhaul of its H-1B visa selection process, ending the long-standing random lottery system in favour of a weighted framework that prioritises higher-skilled and higher-paid foreign workers.
The US Department of Homeland Security (DHS) said the revised regulations are aimed at better aligning the H-1B programme with labour market needs while protecting domestic wages and job opportunities. The changes were detailed in a circular issued by the US Citizenship and Immigration Services (USCIS) on Tuesday.
Shift Away From the Random Lottery
Under the current system, H-1B visas are allocated through a random lottery when applications exceed the annual cap. The new framework replaces this approach with a selection process that assigns greater weight to applicants based on skill levels and offered wages.
According to USCIS, the revised rule is designed to ensure that visas are allocated to the “most qualified global talent,” rather than being distributed through chance. The agency said the move would help reduce misuse of the programme and discourage wage suppression.
Protecting Domestic Workers and Wages
In its statement, DHS said the regulatory changes were intended to strengthen protections for American workers. The department noted that prioritising higher-paid and higher-skilled applicants would help safeguard wages, working conditions and employment opportunities in the US labour market.
“DHS is amending regulations governing the H-1B work visa selection process to prioritise the allocation of visas to higher-skilled and higher-paid aliens to better protect the wages, working conditions, and job opportunities for American workers,” the agency said.
Officials have long argued that the lottery system allowed employers to flood the programme with multiple low-wage applications, distorting outcomes and undermining the programme’s original intent.
What the New Rule Changes
Under the revised regulations, visa allocations will no longer be determined randomly. Instead, applicants will be ranked based on objective criteria, including skill levels and the wages offered by employers.
USCIS said the new process would “give greater weight” to applicants whose profiles better match US economic needs. While full operational details are expected to be clarified closer to implementation, the agency emphasised that the system would move the programme toward a merit-based model.
Timeline for Implementation
The final rule is scheduled to take effect on February 27, 2026. It will apply to the FY 2027 H-1B cap registration season, giving employers and applicants more than a year to prepare for the transition.
Until then, the existing lottery-based system will remain in place for upcoming application cycles, as reported by Business Standard.
Broader Implications for Global Talent
The shift marks one of the most significant changes to the H-1B visa programme in recent years, with potential implications for technology firms, consulting companies and foreign professionals seeking US employment.
By linking visa selection more closely to wages and skill levels, the US appears to be signalling a preference for fewer but more highly compensated foreign workers. The move also aligns with broader policy efforts to tighten oversight of employment-based immigration while maintaining access to specialised talent.
As the implementation date approaches, employers and applicants are expected to closely track further guidance from USCIS on how the weighted selection system will operate in practice.
