DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers

21
/26
January
By Kateryna Heyman
The Department of Homeland Security is revising the H-1B work visa selection process to replace the random lottery with a weighted system that prioritizes higher-skilled and higher-paid foreign workers. The goal of the new rule is to better protect American workers’ wages, job opportunities, and working conditions, while discouraging employers from exploiting the program to hire lower-paid foreign labor. USCIS officials stated that the previous lottery system was frequently abused by employers who flooded the registration pool with low-wage applicants, undermining the intent of the H-1B program. Under the new regulation, the annual cap of 65,000 H-1B visas, plus an additional 20,000 for U.S. advanced degree holders, will remain in place, but higher-skilled and higher-paid applicants will have a greater chance of selection. The rule takes effect on February 27, 2026, and will apply to the FY 2027 H-1B cap season. It builds on other administration reforms aimed at strengthening program integrity, including a requirement that employers pay an additional $100,000 per visa, reinforcing the broader policy objective of prioritizing American workers and curbing abuse of the H-1B system.
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Kateryna has both her Bachelor’s and Master’s degrees from nationally acclaimed Kyiv National Linguistic University, wherein she focused on multi-lingual translation. She has graduated from California School of Law and got licensed to practice law by the State Bar of California in 2024. Languages spoken: Russian, Ukrainian, German, and English. Federal Area of Practice: immigration.
Kateryna Heyman

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