The H-1B visa process may soon look very different.
Beginning February 27, 2026, a new Department of Homeland Security (DHS) regulation introduces a weighted selection system for the H-1B cap. This change is expected to apply to the FY 2027 H-1B registration season and signals a major policy shift away from the traditional random lottery.
For years, H-1B selection has largely depended on chance. Under the new rule, selection may depend on strategy.
Here’s what that means for employers and foreign professionals.
Under the existing system, when H-1B registrations exceed the annual cap, U.S. Citizenship and Immigration Services (USCIS) conducts a random lottery. Every properly submitted registration has an equal statistical chance of selection.
The new framework allows DHS to prioritize certain registrations over others based on defined criteria rather than relying solely on randomness.
In practical terms: some petitions may receive preference depending on how they align with economic and labor priorities.
While DHS has not finalized every operational detail, the agency has indicated that selection could consider factors such as:
The overall objective is to direct H-1B visas toward positions considered high-skill and high-impact, rather than allowing volume-based filings to dominate the process.
The H-1B program has faced longstanding criticism for drifting from its original purpose: filling specialty occupation roles where qualified U.S. workers are unavailable.
DHS has stated that a weighted selection model is intended to:
Whether this system will achieve those goals remains to be seen, but one thing is clear: randomness will no longer be the primary driver of selection.
If compensation becomes a meaningful factor in selection, employers offering wages at or above higher prevailing wage levels may improve their competitiveness.
Compensation planning may now influence immigration planning.
Clear, well-documented job descriptions will be essential. Employers should be prepared to demonstrate:
Vague or inflated job descriptions may face greater scrutiny in a system focused on prioritization.
Organizations that previously relied on multiple registrations to improve lottery odds may need to reconsider their approach. Alternative visa categories, multi-year planning, and earlier preparation will likely become more important.
The regulation becomes effective on February 27, 2026, and is expected to apply to the FY 2027 H-1B cap registration season.
Before full implementation, DHS must finalize operational procedures, update USCIS systems, and provide guidance to the public. While retroactive application is unlikely, employers and foreign professionals should prepare now rather than assume the system will remain unchanged. The proposed weighted selection system represents a broader shift in U.S. immigration policy — from chance-based allocation toward intentional prioritization.
For employers, this means earlier workforce planning, careful wage analysis, and thoughtful petition preparation. For foreign professionals, it means positioning yourself as highly qualified and strategically aligned with employer needs.
At Zhang-Louie PLLC, we focus exclusively on U.S. immigration law. We do not serve as job recruiters or placement agencies. Instead, we assist employers and professionals in developing legally sound, forward-looking immigration strategies in an evolving regulatory environment.
As immigration policy continues to change, proactive planning often makes the difference between uncertainty and opportunity.
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