The Department of Homeland Security has updated the H-1B cap selection process. Beginning with the FY 2027 registration season, DHS will replace the random lottery system with a weighted selection process that gives priority to higher-skilled and higher-paid positions. The rule, effective February 27, 2026, applies to the annual cap of 65,000 visas, plus 20,000 reserved for U.S. advanced degree holders.

For employers, the change encourages offering competitive wages and hiring highly skilled workers. Companies with positions at higher wage levels and requiring specialized expertise will have better chances of securing H-1B visas. This can help employers attract talent that contributes more directly to their business objectives while reducing reliance on lower-paid foreign workers, which can also help protect existing U.S. employees’ wages and working conditions. Employers will need to review job classifications, wage levels, and hiring strategies before registering for the cap.

For foreign national workers, the weighted system benefits those with higher skills and wages, increasing their likelihood of selection. Entry-level candidates or those in lower-paid roles may face more competition, even if their employer is eligible. Understanding wage requirements and job qualifications will be essential for assessing chances of selection.

The rule is another step to strengthen the integrity of the H-1B nonimmigrant visa program. It aligns with other changes, including the Presidential Proclamation requiring employers to pay an additional $100,000 per visa as a condition of eligibility. Overall, the new process encourages competitive compensation, protects U.S. workers’ wages, and provides a clearer path for highly skilled foreign professionals.

For guidance on navigating these changes or preparing H-1B registrations, contact Agarwal Law Group at 703-348-1663.

‍