Summary:
- DHS is replacing the H-1B lottery with a system prioritizing higher-paid foreign workers.
- It takes effect Feb. 27, in time for the upcoming H-1B cap registration season.
- The rule aligns with the $100,000-per-visa presidential proclamation.
THE DEPARTMENT OF Homeland Security is replacing its lottery system for H-1B visas with a new process that prioritizes higher-paid foreign workers. The new system takes effect Feb. 27, for the upcoming H-1B cap registration season.
Meanwhile, the change follows actions by the Trump administration to reshape a visa program that critics say favors lower-paid overseas workers, while supporters say it supports innovation, according to The Associated Press.
The new rule aligns with other changes, including the presidential proclamation requiring employers to pay an additional $100,000 per visa, the U.S. Citizenship and Immigration Services said in a statement.
“The existing random selection process of H-1B registrations was exploited and abused by U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers,” said Matthew Tragesser, USCIS spokesman. “The new weighted selection will better serve Congress’ intent for the H-1B program and strengthen America’s competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers. With these regulatory changes and others in the future, we will continue to update the H-1B program to help American businesses without allowing the abuse that was harming American workers.”
Earlier this year, Trump signed a proclamation imposing a $100,000 annual H-1B visa fee, which is being challenged in court. He also introduced a $1 million “gold card” visa as a pathway to U.S. citizenship for wealthy individuals.
H-1B visas have historically been awarded through a lottery. This year, Amazon received more than 10,000 visas, followed by Tata Consultancy Services, Microsoft, Apple and Google. California has the largest number of H-1B workers.
Supporters say the program provides a pathway to hiring healthcare workers and educators, supports economic growth and lets employers fill jobs in specialized fields, AP reported. Critics say the visas often go to entry-level positions rather than senior roles.
Although the program is meant to prevent wage suppression or displacement of U.S. workers, critics say companies can pay lower wages by classifying jobs at the lowest skill levels, even when workers have more experience. The annual cap is 65,000 new visas, plus 20,000 for those with a master’s degree or higher.
The U.S. government recently increased scrutiny of non-immigrant visa holders, causing delays in visa interviews, limiting where applicants can get visa stamping and expanding social media checks. Thousands of Indians returning to renew work permits are now stranded as appointments between Dec. 15 and 26 were canceled or rescheduled.
