Protecting American Workers And Wages With These Updates In H-1B
- The reform is designed to safeguard US wages, working conditions, and job opportunities.
- The random lottery system will be replaced with a weighted selection process.
- Applicants with higher skills and higher salaries will receive priority in selection.
- The annual H-1B cap will remain at 65,000 visas.
- An additional 20,000 visas will continue to be reserved for applicants with US advanced degrees.
“The new weighted selection will better serve Congress’ intent for the H-1B program and strengthen America’s competitiveness,” Tragesser said.
Ending The H-1B Visa Lottery Loophole
The H-1B visa lottery has faced criticism for several years as a game of luck, open to flooding and easy to abuse. Employers could get lucky by submitting a large number of low-wage, lower-skilled applications and simply waiting for chance to work. However, the Department of Homeland Security (DHS) intends to change this narrative.
The new selection method, which gives priority to applicants based on their skills, is designed to preserve the fairness of the programme without closing doors. All wage categories will remain available for employers to apply, yet the emphasis will be on genuine talent and fair compensation. The aim? Less deception, fewer shortcuts, and stronger protection for American workers. Imagine moving from a numbers game to a talent contest, where merit finally matters more than volume.
“With these regulatory changes and others in the future, we will continue to update the H-1B program to prevent abuse,” Tragesser added.
H-1B Visa Reform: Effective Date, Implementation Timeline, and Key Policy Changes
| Aspect | Details |
|---|---|
| Effective Date | February 27, 2026 |
| Applicable Registration Cycle | FY 2027 H-1B registration season |
| Purpose of Rule Change | Strengthen the integrity of the H-1B visa programme |
| Implementing Authority | Department of Homeland Security (DHS) |
| Additional Administration Measure | Presidential Proclamation introducing extra conditions |
| New Financial Requirement | Employers must pay an additional $100,000 per H-1B visa to qualify |
| Overall Objective | Reduce misuse, ensure fairness, and protect American workers |