The United States government has announced significant changes to the H-1B visa program, aiming to safeguard the wages, working conditions, and employment opportunities of American workers, as reported by the Department of Homeland Security (DHS).
The updated regulations will replace the existing random lottery system with a weighted selection process, prioritizing foreign workers who possess higher skills and command greater salaries.
“The current random selection process has been exploited and abused by American employers seeking to import foreign workers at lower wages than they would pay to American workers,” stated Matthew Tragesser, spokesperson for the U.S. Citizenship and Immigration Services (USCIS).
As explained by Tragesser in the DHS release, the new system aligns more closely with Congress's original intent for the H-1B program and enhances national competitiveness by encouraging businesses to hire highly skilled and well-compensated foreign talent without disadvantaging the local workforce.
Currently, the number of H-1B visas is capped at 65,000 annually, with an additional 20,000 reserved for individuals with advanced degrees from U.S. universities. The lottery system had faced criticism for years for allowing unscrupulous employers to flood the process with applications for low-skilled, low-wage workers.
The reform is expected to increase the likelihood that visas will be awarded to candidates with superior professional credentials and higher salary levels, although the DHS assured that the program will continue to permit hiring across all salary ranges.
The new rule is set to take effect on February 27, 2026, and will apply to the registration season for the fiscal year 2027.
This measure is part of a broader strategy by the Trump administration to bolster the integrity of the H-1B program. Recent changes include a Presidential Proclamation requiring employers to pay an additional $100,000 per visa as a condition of eligibility.
“As part of the Trump Administration's commitment to reforming H-1B, we will continue to demand more from both employers and applicants to prevent harm to American workers and to put America first,” Tragesser emphasized.
The reform also comes amid heightened political and ideological scrutiny of H-1B visa applicants. In early December, the administration launched a crackdown on what it perceives as censorship of free speech, with a particular focus on applicants linked to content moderation, fact-checking, and digital security on tech platforms.
An internal Department of State memorandum, revealed by Reuters, instructed U.S. consulates to closely examine the employment histories, resumes, and social media profiles of applicants and their family members to identify potential ties to activities considered censorship.
According to the directive, if it is determined that an applicant was “responsible or complicit in censoring protected expressions in the United States,” an ineligibility finding must be issued in accordance with the Immigration and Nationality Act.
Understanding the H-1B Visa Program Changes
What is the main goal of the H-1B visa reform?
The primary aim of the H-1B visa reform is to protect American workers by ensuring that their wages, working conditions, and employment opportunities are not undermined by the hiring of lower-paid foreign workers.
How will the new selection process work?
The new selection process will replace the random lottery with a weighted system, giving preference to foreign workers with higher skills and higher salary offers.
When will the new H-1B visa rules take effect?
The updated rules will be implemented on February 27, 2026, and will be applicable for the fiscal year 2027 registration season.
What additional changes are part of the reform?
Additional changes include a requirement for employers to pay an extra $100,000 per visa, as mandated by a Presidential Proclamation, to ensure program integrity.