New H-1B Rule Gives Edge to Skilled, Well-Paid Employees

The U.S. Department of Homeland Security has announced revisions to the H-1B work visa selection process. The new rule seeks to give priority to higher-skilled and higher-paid applicants, with the objective of supporting the wages, working conditions and job opportunities for American workers. Instead of the previous random lottery system, a weighted selection process will now be used, which favors individuals with greater skill sets.

Matthew Tragesser, a spokesperson for the U.S. Citizenship and Immigration Services, explained that the new weighted selection will align with Congress’ intent for the H-1B program and enhance America’s competitiveness by encouraging employers to petition for higher-paid, higher-skilled foreign workers. He noted that regulatory changes, including this one, aim to update the H-1B program to better assist American businesses.

Each year, there is a cap of 65,000 H-1B visas issued, with an additional 20,000 allocated for holders of U.S. advanced degrees. The new rule will introduce a weighted selection process to increase the likelihood that H-1B visas go to higher-skilled and higher-paid applicants, while still allowing employers to hire workers at various wage levels. This rule will come into effect on February 27, for the FY 2027 H-1B cap registration season.

This change is part of broader updates to the H-1B nonimmigrant visa program, which also includes the President’s proclamation requiring employers to pay an additional $100,000 per visa as a condition of eligibility.

Please contact Brandon Davis, Laura Buck or any member of the Phelps Immigration team if you have questions or need advice or guidance.