On September 23, 2025, the U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), released a Notice of Proposed Rulemaking (NPRM) addressing how H-1B visa registrations will be selected under the annual cap.
Background on the H-1B Program
The H-1B program allows U.S. employers to temporarily hire foreign workers in specialty occupations, defense research roles, or as fashion models of distinguished merit. Each fiscal year, Congress sets a cap of 65,000 visas, with an additional 20,000 available to those holding U.S. master’s or higher degrees.
The Proposed Weighted Lottery
The new proposal would amend 8 CFR Part 214 to replace the current random lottery with a weighted selection system. This system would assign greater selection chances to registrations tied to higher Occupational Employment and Wage Statistics (OEWS) wage levels, effectively prioritizing more highly paid and skilled workers.
USCIS stated that the intent is to better align the program with Congressional goals, helping U.S. employers secure highly skilled workers while still preserving opportunities across all wage levels.
Rationale for Reform
For more than a decade, demand for H-1B visas has outpaced supply, leading to a registration rush and complex lottery administration. DHS emphasized that this reform aims to reduce abuse, strengthen program integrity, and ensure visas go to the most qualified candidates.
Implications for Employers and Workers
- Employers may need to review compensation strategies to remain competitive in the lottery.
- Foreign professionals in higher wage brackets and specialized roles may see improved odds of selection.
- Cap-exempt employers (universities, nonprofits, and certain research organizations) remain unaffected by the cap.
At Ahluwalia Law Offices, we continue to monitor these regulatory changes closely. Our team advises employers, foreign professionals, and investors on navigating H-1B and alternative pathways such as O-1, EB-1, and E-2 visas.
If you are planning your FY 2027 H-1B filings, now is the time to strategize. Contact us to ensure your case is positioned effectively under the proposed weighted lottery system.
