DHS Announced Major Changes to H-1B Visa Selection Process – What You Should Know

On December 24, 2025, the Department of Homeland Security (DHS) announced significant changes to the H-1B work visa program that will fundamentally shift how these visas are dispersed. The new rule, set to take effect on February 27, 2026, replaces the current lottery system with a weighted selection process that prioritizes higher-skilled and higher-paid workers.

Understanding the Changes

Under the current system, H-1B visa petitions are selected through a random lottery process. Every year, approximately 65,000 H-1B visas are available with an additional 20,000 visas reserved for individuals holding advanced degrees from United States institutions.

The new rule differs from the previous selection process as it will utilize a weighted selection methodology that will increase the likelihood that visas will be allocated to positions offering higher wages and requiring higher skill levels. According to the U.S. Citizenship and Immigration Services (USCIS), this approach is designed to address the concerns that the randomized lottery system was susceptible to manipulation through the submission of multiple registrations for lower-wage positions.

It is important to note that the weighted system will still allow employers to petition for H-1B workers at all wage levels, but higher-paying positions will have a greater probability of selection. The new rule will see its first application during the fiscal year (FY) 2027 H-1B cap registration period.

What Affected Parties Should Know

For Employers:

• Assess how the weighted selection process may affect your probability of securing H-1B workers.
• Understand that lower-wage petitions will have reduced selection probability, though they remain eligible.
• Factor the weighted system into workforce planning and recruitment strategies.

For Foreign Workers:

• Consult with your employer about potential impacts to your employment terms.
• The new system may affect which employers can successfully petition on your behalf.

Looking Ahead

The shift from a lottery-based system to a wage-weighted selection process represents one of the most substantial changes to the H-1B program in recent years. While we wait for this process to take form, it is essential that individuals and employers navigating the H-1B visa pathway stay informed about evolving policies and guidance from USCIS. We will continue to update our website with information on this and all matters regarding immigration law. If you have questions about your specific immigration circumstance, we recommend contacting our office at Pasricha & Patel, LLC to schedule a consultation with our immigration department.