The Department of Homeland Security will replace the longstanding H‑1B lottery with a weighted selection process that prioritizes higher‑paid and higher‑skilled foreign workers. The rule takes effect Feb. 27, 2026, and applies to the next H‑1B cap registration season. The change accompanies other administration measures—such as a contested $100,000 fee and a proposed $1 million “gold card”—and has drawn support from advocates who say it protects wages and critics who warn employers could still game wage classifications.
DHS Replaces H‑1B Lottery With Weighted System Favoring Higher‑Paid, Higher‑Skilled Workers
FILE - The Department of Homeland Security logo is seen during a news conference in Washington, Feb. 25, 2015. (AP Photo/Pablo Martinez Monsivais, File)
The Department of Homeland Security announced Tuesday that it will replace the long‑standing random lottery for allocating H‑1B work visas with a new weighted selection system designed to increase the odds that visas go to higher‑paid and higher‑skilled foreign workers.
What’s Changing
Under the new rule, registrations for the H‑1B cap will be selected through a weighted process that gives priority to applicants tied to higher wage levels and, by implication, more specialized roles. DHS says the change is intended to prevent abuse of the program by employers seeking lower‑cost foreign labor while preserving access for highly skilled professionals.
Timing and Scope
The policy is scheduled to take effect on Feb. 27, 2026, and will apply to the upcoming H‑1B cap registration season. The annual H‑1B cap remains 65,000 new visas plus an additional 20,000 reserved for applicants who hold a U.S. master’s degree or higher.
Administration Context
This move follows other Trump administration actions aimed at reshaping high‑skilled immigration policy, including a presidential proclamation that imposed an additional $100,000 annual fee on certain H‑1B petitions — a fee currently being challenged in court — and a proposed $1 million “gold card” visa to provide a fast track to permanent residency for very wealthy applicants.
“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 USCIS spokesman Matthew Tragesser.
Reaction
Supporters say the weighted system will protect U.S. wages, target top talent, and better align H‑1B allocations with jobs that require advanced skills—particularly in healthcare, education, and technology. Critics counter that employers could still game the system by classifying positions at lower wage levels or restructuring job descriptions to meet criteria without actually prioritizing more senior or specialized roles.
Historically, H‑1B visas have been awarded through a random lottery when demand exceeded the statutory cap. This year, Amazon was the single largest recipient with more than 10,000 approvals, followed by Tata Consultancy Services, Microsoft, Apple and Google. California has the largest concentration of H‑1B workers.
What To Watch
Key issues going forward include how the weighting formula is designed and implemented, whether employers change hiring or wage practices in response, and the outcome of legal challenges to related policy changes such as the $100,000 fee. DHS says the new rule aims to better target H‑1B visas to positions that pay higher wages and require greater skills, but enforcement and employer behavior will determine its practical impact.
