US updates H-1B visa process, gives preference to top-paid skilled workers

The United States Department of Homeland Security has announced sweeping changes to the H-1B work visa selection process, ending the long-criticised random lottery system and introducing a weighted model that prioritises higher-skilled and higher-paid foreign workers.

Under the revised rules, authorities will stop allocating H-1B visas purely by chance. Instead, the new system will favour registrations that offer higher wages and specialised skills. Officials said the change aims to protect the wages, working conditions and job opportunities of American workers.

US Citizenship and Immigration Services spokesman Matthew Tragesser said employers had widely misused the earlier lottery system to seek lower-cost labour. He said the random selection process allowed some companies to bring in foreign workers at wages lower than those paid to American employees.

Tragesser said the weighted selection system better reflects congressional intent and strengthens US competitiveness by encouraging employers to file petitions for higher-paid, highly skilled professionals.

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Higher Wages and Skills to Drive H-1B Visa Allocation

The United States currently issues 65,000 H-1B visas each year, along with an additional 20,000 visas reserved for applicants who hold advanced degrees from US institutions. Critics of the lottery system said employers often flooded the registration pool with lower-wage applications, reducing opportunities for domestic workers.

To address these concerns, the final rule introduces a weighted selection process that increases the chances of visas going to higher-paid and higher-skilled applicants, while still allowing employers to submit petitions across all wage levels.

The new regulation will take effect on February 27, 2026, and will apply to the fiscal year 2027 H-1B cap registration season.

Officials said the rule strengthens the integrity of the H-1B non-immigrant visa programme and aligns with other reforms introduced by the administration, including a presidential proclamation that requires employers to pay an additional $100,000 per visa as a condition of eligibility.

“As part of the Trump Administration’s commitment to H-1B reform, we will continue to demand more from both employers and foreign workers to protect American jobs and wages,” Tragesser said.

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