DHS H-1B Weighted Selection Rule Clears OMB Review

Update September 24, 2025

Following OMB clearance, the proposed H-1B weighted selection rule has been officially published in the Federal Register as a Notice of Proposed Rulemaking. During the public feedback period, stakeholders can review the full text and submit comments. The rule introduces a lottery system that favors higher wage levels, aligning with broader efforts to prioritize highly skilled foreign workers. For a full breakdown of the proposal, see our coverage here. 

Key Point

• The Department of Homeland Security (DHS) is moving forward with a proposed rule to change how H-1B cap registrations are selected. The rule, which would introduce a weighted selection system instead of the current random lottery, has passed review by the Office of Management and Budget (OMB) 

What DHS H-1B Weighted Selection Rule Would Mean  

Under the proposed rule, U.S. Citizenship and Immigration Services (USCIS) would move away from the current random lottery system and instead implement a selection process that prioritizes registrants based on predefined criteria, potentially including wage levels, job roles or other merit-based factors.  

According to DHS, the goal is to better align H-1B selections with U.S. labor market needs and reduce misuse of the registration system. 

What Employers Should Know: 

• The rule has not yet taken effect; it must first be published for public comment. 
• If finalized through the standard notice and comment period process, DHS could apply the changes to the FY 2027 H-1B cap season. However, DHS has not officially announced a timeline for implementation. 
• If finalized, employers may need to adjust their H-1B strategies, including offering more competitive wages or refining job descriptions to improve selection odds. 

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