The U.S. Department of Homeland Security (DHS) has proposed major changes to the H-1B visa program, shifting from a random lottery to a weighted selection system designed to prioritize higher-paid and higher-skilled foreign workers. Published in the Federal Register on September 24, 2025, the new framework aims to incentivize U.S. employers to offer competitive wages and recruit talent for positions requiring advanced skills.
Under the proposed system, the allocation of H-1B visas will be guided by the Occupational Employment and Wage Statistics (OEWS) wage levels. Registrations for workers at OEWS wage level IV will be entered into the selection pool four times, level III three times, level II twice, and level I once. This method ensures that higher-paid roles receive greater priority, while lower-paying or entry-level positions face reduced chances of being selected. Each worker will count only once toward the annual visa cap, regardless of how many registrations are submitted.
Currently, prospective employers electronically register foreign beneficiaries for H-1B petitions, and USCIS conducts a random lottery to select successful applicants. The proposed weighted approach moves away from randomness, favoring candidates whose offered wages align with higher OEWS wage brackets.
The H-1B program annually provides 85,000 visas, including 20,000 reserved for individuals with advanced U.S. degrees. With these reforms, limited H-1B numbers will be allocated to higher-skilled, higher-valued workers, rather than lower-paid roles.
Adding to the challenge for foreign workers, U.S. President Donald Trump recently implemented a $100,000 petition fee per H-1B visa, to be paid by the hiring employer. Combined with the weighted selection process, this fee is expected to significantly reshape the H-1B landscape beginning in 2026, coinciding with the 2027 visa season.
Experts predict that these measures will encourage U.S. employers to target top-tier talent while discouraging applications for lower-wage roles, creating new hurdles for entry-level foreign professionals. The proposed changes reflect a broader effort to align H-1B allocations with U.S. economic priorities and workforce needs.
