What happened?
The US Department of Homeland Security (DHS) has announced a final rule to change how H-1B work visas are selected. Instead of the current random lottery, the US will introduce a weighted selection system that favours higher-paid and higher-skilled workers.
This rule is expected to take effect on February 27, just before the 2026 H-1B lottery, and will be officially published on December
What is changing in the H-1B process?
Current system
- 85,000 H-1B visas available each year
- If applications exceed the cap, winners are chosen randomly
New system
- Applicants will be selected based on salary level
- Higher earners get more chances in the lottery
- Depending on pay, candidates may be entered 1 to 4 times
- Lower-paid roles will have fewer chances
DHS says this will reduce misuse of H-1B visas for lower-paid or lower-skilled jobs.
Why is the US government doing this?
The government argues that:
- H-1B visas should go to top-tier, highly skilled professionals
- The change discourages companies from hiring cheaper foreign labour
- It protects US wage standards
This rule is part of a broader push to prioritisehigh-income talent, which also includes a controversial proposal to raise the H-1B visa fee to $100,000 (though F-1 students changing status are exempt).
Why are people criticizing it?
Critics—including universities, tech leaders, and immigration groups—warn that:
- The US tech industry depends heavily on international talent
- There aren’t enough US graduates to meet demand
- Companies may move jobs offshore instead of hiring in the US
- It could reduce innovation and economic growth
Impact on international students
This rule may make the US less attractive to international students:
- 53% of international students said they would not have studied in the US if H-1B visas depended on salary
- 54% said OPT (work after study) was essential to their decision
- Many fear OPT could also face restrictions
Since early-career graduates usually earn less, they may now have lower chances of securing H-1B visas.
Who uses H-1B visas the most?
Major employers include:
- Amazon
- Microsoft
- Apple
H-1B visas are widely used in:
- Technology
- Healthcare
- Finance
- Engineering
Higher salaries = higher chance of H-1B selection
Lower salaries = reduced chance
International students and entry-level workers may be most affected
The rule faces legal challenges and industry backlash
This marks a major shift in US work visa policy, prioritising income level over equal chance.
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