DHS H-1B Weighted Selection Rule Clears OMB Review

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) and is expected to be published soon in the Federal Register. 

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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