Sweeping H-1B Visa Changes, Lottery System Ends

WASHINGTON, DC-The Trump Administration on December 23 announced sweeping changes to the H-1B work visa selection process, replacing the long-standing random lottery with a weighted system that prioritizes higher-skilled and higher-paid foreign workers. The move, according to the Department of Homeland Security, is aimed at better protecting the wages, working conditions, and job opportunities of American workers while strengthening the integrity of the H-1B nonimmigrant visa program.

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, U.S. Citizenship and Immigration Services spokesman Matthew Tragesser said.

He added that the new weighted selection will better serve congressional intent for the program and strengthen competitiveness by incentivizing employers to petition for higher-paid individuals.

Under the new regulation, H-1B visas will no longer be awarded through a purely random draw, as has been the practice over the past two decades. Instead, registrations will be ranked and selected through a weighted process that increases the probability that visas go to higher-skilled foreign nationals. Employers may still petition for workers across all wage levels, but the change is intended to curb systemic abuse where the registration pool was flooded with lower-wage applications.

The annual number of H-1B visas remains capped at 65,000, with an additional 20,000 visas reserved for applicants holding advanced degrees from U.S. institutions.

The new weighted selection rule will apply beginning with the fiscal year 2027 H-1B cap registration season, and the final rule will take effect on February 27. Officials stressed that the reform shifts the balance toward petitions reflecting higher skill levels and compensation to prevent wage suppression.

This change is part of a broader push to overhaul the H-1B system, which has been a flashpoint in U.S. immigration and labor policy. Among other recent measures is a Presidential Proclamation that requires employers to pay an additional $100,000 per visa as a condition of eligibility. The administration says this ensures employers turn to foreign labor only when they genuinely need highly specialized skills.

The H-1B visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations. It is heavily used by the technology sector and has significant implications for professionals from countries such as India. While critics of the old system argue it failed to distinguish between high-value and low-value petitions, some business groups have warned that restrictive policies could impact innovation and competitiveness in the U.S. economy. (IANS)