DHS eliminates H-1B visa lottery and will prioritize higher-paying jobs

The Department of Homeland Security (DHS) announced that it will eliminate the random lottery for H-1B visa allocation and implement a system that prioritizes applicants with higher salary offers and higher levels of specialization.

The goal, according to the federal government, is to protect the wages, working conditions, and opportunities of American workers, it stated in a release from the United States Citizenship and Immigration Services (USCIS).  

“The random process was exploited by employers seeking to import workers at lower wages. Weighted selection will better serve Congress’s intent and incentivize companies to seek higher-paid, more qualified workers,” according to USCIS.

The final rule comes into effect on February 27, 2026, and will govern the registration process for the limit. H-1B visas of fiscal year 2027. 

These changes “will have paralyzing effects” on businesses and the U.S. economy, according to the National Immigration Lawyers Association (AILA).

What changes in practice

• Elimination of the H-1B visa lottery 
• Weighted selection:  Entry-level candidates are more likely to be selected if the salary offer and job profile are higher. Entry-level candidates remain eligible, but with lower priority.
• Calendar:  USCIS will announce registration dates at least 30 days in advance. Employers must provide accurate information about compensation and position during registration.

Related:  What visas does the United States issue and what are they for?

Annual limit (no change)

The legal limit remains: 65,000 regular H-1B visas and an additional 20,000 for those with advanced degrees from U.S. institutions.

The new rate of $100,000 

In addition to the new rule, the H-1B visa is undergoing other changes. A presidential proclamation requires certain employers submitting new H-1B visa applications to pay an additional $100,000 as a condition of eligibility.

The White House and USCIS have clarified that it does not apply to existing holders or to petitions filed before September 21, 2025.

There are limited exceptions, and the scheme faces legal challenges that are being handled with priority in the appeals courts. 

Advice for employers and job seekers

Employers:

• Audit H-1B vacancies:  Standardize job descriptions, confirm that the position meets the definition of “specialty occupation,” and align the salary with the market.
• Prepare the record:  Verify employer information, salary structure, and evidence supporting the level of the offer. Also, design a strategy for prioritizing offers based on the impact or shortage of workers in that position.
• Evaluate the $100,000 rate:  Confirm whether the presidential proclamation applies to your request. If it applies, prepare proof of payment or an exception before filing the petition. Also, monitor any ongoing litigation related to this measure.
• Communication with candidates:  Explain the change to a non-random scheme and adjust the selection expectations for fiscal year 2027.

Submitter:

• Understanding your salary and job level:  Ask your employer what salary they’re offering and how the position is classified. This will help you understand your chances of success in the new system.
• Keep your documents ready and communicate:  Keep your degrees, certifications, and work experience up to date. Talk to your employer about timelines, the priority of your position, and adjust your expectations for fiscal year 2027.

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