DHS replaces 'random lottery' for H-1B visa recipients with priority based on income, skill

Existing system "was exploited and abused by U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers," USCIS spokesperson says.

Published: December 23, 2025 1:49pm

The Department of Homeland Security is implementing a "weighted selection process" for H-1B visas to "increase the probability" that they are allocated to "higher-skilled and higher-paid aliens," U.S. Citizenship and Immigration Services said Tuesday, pointing to a final regulation to be published next week and take effect Feb. 27.

The "random lottery" for H-1B registration "was exploited and abused by U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers," but the new system will hew closer to congressional intent and "strengthen America’s competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers," USCIS spokesperson Matthew Tragesser said.

H-1B visas are capped at 65,000 each year, but 20,000 more are available for U.S. advanced degree holders.

DHS made no changes to the proposal following notice and comment but disputed that specific harms would follow the regulatory change. Opponents had alleged it would harm fairness and equal opportunity and negatively impact companies, the economy, national security, workers at various levels of experience, international students , rural areas and small businesses, among many more objections.

The new regulation follows in line with other recent changes, such as the $100,000 payment per visa that employers must make as a condition of eligibility, USCIS said. In the first month of his second term, President Trump announced a $5 million "gold card" route to citizenship that replaces the similar EB-5 program.

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