The U.S. government is moving forward with a significant change to how H-1B visas are selected and yes, it could reshape how employers plan their hiring strategies.
In early 2025, the White House cleared a Department of Homeland Security (DHS) regulation that would replace the traditional random H-1B lottery with a weighted selection system. This rule is effective February 27, 2026, and will be in place for the FY 2027 H-1B cap registration season, giving the government more discretion to prioritize certain H-1B registrations over others, rather than treating every entry equally.
What Is the H-1B Weighted Selection Rule?
Under the current system, H-1B registrations are entered into a random lottery when USCIS receives more filings than the annual cap allows (which happens every year, quickly).
The new regulation would allow DHS to rank and select H-1B registrations based on specific criteria, instead of relying solely on chance.
In plain English: Not all H-1B registrations would be created equal.
How Would Weighted Selection Work?
While the final rule does not lock in exact criteria yet, DHS has been clear about the intent:
to prioritize H-1B workers who best meet U.S. labor market needs.
Potential weighting factors could include:
- Wage level offered
- Occupation or industry
- Education level
- Skills aligned with national economic priorities
This approach is meant to reward employers offering higher wages and roles requiring specialized expertise, rather than letting outsourcing volume dominate the system.
Why Is the Government Making This Change?
The H-1B program has faced criticism for years for not aligning closely enough with its original purpose: filling specialty occupations where U.S. workers are unavailable.
DHS argues that a weighted system:
- Encourages fair wages
- Discourages mass, low-wage filings
- Aligns visas with economic and workforce priorities
- Makes the process more merit-based
According to Jennifer Behm, Esq., Partner at Berardi Immigration Law:
“Employers will need to think strategically; not just about filing, but about how their role, wage, and business need align with government priorities.”
This change favors deliberate, well-supported filings over mass registration tactics.
What This Means for Employers
1. Salary Strategy Matters More Than Ever
If wage levels become a core factor, employers offering higher prevailing wages may gain a competitive edge in the selection process.
Lowball offers? Risky business.
2. Job Descriptions Will Be Scrutinized
Generic or inflated job descriptions won’t cut it. Employers will need to clearly demonstrate:
- why the role is a specialty occupation;
- how it supports business growth or innovation; and
- why the candidate’s skills are essential.
3. Workforce Planning Needs to Start Earlier
With more variables in play, last-minute H-1B filings could become even riskier. Employers should be planning:
- Alternative visa options
- Green card strategies
- Timing across multiple fiscal years
What This Means for Foreign Workers
For foreign professionals, this rule could be a double-edged sword.
Potential Upsides:
- Higher wages and advanced skills may improve odds
- Fewer mass filings could mean less lottery congestion
- More transparency around selection priorities
Potential Challenges:
- Entry-level roles may face steeper odds
- Not all industries will benefit equally
- More pressure on employers to justify sponsorship
In short: credentials, compensation, and clarity matter more than ever.
When Will This Take Effect?
This final rule is effective Feb. 27, 2026, and will be in place for the FY 2027 H-1B cap registration season. While the rule has been cleared by the White House, implementation timing is still key.
DHS must:
- Finalize regulatory details
- Provide operational guidance
- Coordinate with USCIS systems
It is unlikely this change would apply retroactively, but it could impact future H-1B cap seasons, possibly as soon as the next filing cycle.
Employers and workers should assume this rule is coming and prepare accordingly.
How Berardi Immigration Law Is Advising Clients
At Berardi Immigration Law, we are already helping clients:
- Evaluate alternative visa strategies (TN, O-1, L-1, E-2, PERM)
- Build long-term workforce plans that don’t rely on lottery luck
The takeaway is clear: relying on chance is no longer a viable approach. Employers and foreign nationals must plan proactively, evaluate risk early, and align filings with clearly documented business needs. Successful outcomes will increasingly depend on advance preparation, competitive wage analysis, and thoughtful case strategy, not last-minute filings or optimism about lottery odds.
Strategy Is the New Lottery Ticket
The H-1B weighted selection rule represents a philosophical shift in U.S. immigration policy toward intentional selection.
For employers, this means planning earlier, paying competitively, and filing smarter.
For foreign professionals, it means positioning yourself as indispensable, not interchangeable.
And for everyone involved, it means one thing: this is no longer a game of chance.
Berardi Immigration Law will continue to monitor this rule closely and guide clients through what comes next, before the odds change again. If you want strategic legal guidance to help navigate changes in U.S. immigration policy, schedule your consultation with Berardi Immigration Law today.
Weighted Visa Lottery FAQs
Will the H-1B lottery be eliminated entirely?
Random selection may still exist, but it would be layered with priority-based weighting instead of pure chance.
Does this favor large companies over small businesses?
While large employers may offer higher wages, smaller companies with highly specialized roles can still be competitive if the job and salary align with DHS priorities.
Should employers stop filing H-1Bs?
No, but they should be smarter about it. Strategic planning and legal guidance will matter more than ever under a weighted system.
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