Key Points
- DHS proposes replacing the random H-1B lottery with a weighted selection system.
- Selection criteria may include wage levels, job roles, or other merit-based factors.
- The rule has cleared OMB review but must undergo public comment before finalization.
DHS H-1B Weighted Selection Rule Clears OMB Review
The Department of Homeland Security (DHS) is moving forward with a proposed rule to modify the process for selecting H-1B cap registrations. The rule, which would introduce a weighted selection system instead of the current random lottery, has passed review by the Office of Management and Budget (OMB) and is expected to be published soon in the Federal Register.
What the DHS H-1B Weighted Selection Rule Would Mean
Under the proposed rule, US Citizenship and Immigration Services (USCIS) would move away from the current random lottery system and instead implement a selection process that prioritizes registrants based on predefined criteria, potentially including wage levels, job roles, or other merit-based factors.
According to DHS, the goal is to better align H-1B selections with US labor market needs and reduce misuse of the registration system.
What Employers Should Know:
- The rule has not yet taken effect; it must first be published for public comment.
- If finalized through the standard notice-and-comment period process, DHS could apply the changes to the FY 2027 H-1B cap season. However, DHS has not officially announced a timeline for implementation.
- If finalized, employers may need to adjust their H-1B strategies, including offering more competitive wages or refining job descriptions to improve selection odds.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIPPC client, consult another qualified professional. This website does not create an attorney-client relationship with CIPPC.
