DHS H-1B Weighted Selection Rule Clears OMB Review

December 23, 2025, Update – Following OMB clearance, USCIS has now finalized the weighted lottery rule. Read Envoy Global’s latest update to see the final rule and its impact: USCIS Finalizes Weighted Lottery Selection Process for H‑1B Cap Registrations. 

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 modify the process for selecting H-1B cap registrations. 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 the 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. 

New H‑1B Guide Coming January 2026

Envoy Global’s upcoming guide helps HR and mobility teams navigate the new weighted lottery system. Learn how to assess risk, prioritize roles and plan immigration strategies under the updated rules.

Be the first to get access — sign up today.

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. This may include offering more competitive wages or refining job descriptions to improve selection odds. 

Access Your FY 2027 H‑1B Planning Guide

The H-1B program remains crucial for attracting and retaining high-skilled talent. However, FY 2027 presents major challenges for HR and mobility teams as rules, costs and selection criteria continue to shift. 

That’s why we created The $100K Question: How Trump’s H‑1B Changes Impact Your 2026 Strategy. This resource serves as a strategic guide to help employers assess risk, prioritize roles and plan budgets amid ongoing policy changes. 

Complete the form to access the full guide and equip your team with the insights necessary to navigate an evolving U.S. immigration landscape.