February 7, 2026regulatory actionimmigration policylabor policytechnology industryimmigrationlabor policytech industry

DHS replaces H-1B lottery with wage-weighted selection system

A final DHS rule published in the Federal Register on December 29, 2025, took effect February 27, 2026, replacing the randomized H-1B visa cap lottery with a wage-weighted selection process. Under the new system, beneficiaries offered a Level 4 wage are entered into the selection pool four times, Level 3 three times, Level 2 twice, and Level 1 once, giving higher-salaried workers significantly better odds of selection. The rule applied to the FY 2027 H-1B cap registration season and represented the most significant structural change to the program in decades.

Sources

DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers Federal Register: Weighted Selection Process for Cap-Subject H-1B Petitions DHS Releases Final H-1B Weighted Selection Rule: 7 Steps Employers Should Take