The Department of Homeland Security (DHS) has taken a major step toward changing how H-1B cap-subject petitions are selected. As of July 18, 2025, DHS, through U.S. Citizenship and Immigration Services (USCIS), is moving forward with a proposed rule that would introduce a weighted selection process for H-1B cap-subject petitions. This update is designed to make the H-1B lottery system more fair and secure, focusing on the individual worker (the beneficiary) rather than on the number of employers submitting registrations for the same person.
This update will affect many groups, including employers, skilled foreign workers, attorneys, and others involved in the H-1B process. Below, you’ll find a clear summary of what’s changing, who is affected, important dates, what actions you may need to take, and what these changes mean for pending and future applications.
Summary of What Changed
On July 17, 2025, DHS and USCIS submitted a proposed rule called “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” to the Office of Management and Budget (OMB) for review. This is an important step in the rulemaking process. The rule is considered “economically significant,” which means it could have a big impact on the economy and the way the H-1B program works.
The main change is the move from a random lottery system to a weighted selection process for H-1B cap-subject petitions. Instead of giving an advantage to people who have multiple employers submitting registrations for them, the new system will count each unique beneficiary only once. The rule will also assign different weights to registrations based on certain criteria, which will be explained in detail when the rule is published for public comment.
Who Is Affected
- Employers: Both large and small businesses that want to hire skilled foreign workers using the H-1B program.
- Foreign Workers (Beneficiaries): Individuals seeking H-1B status to work in specialty occupations in the United States 🇺🇸.
- Attorneys and Representatives: Legal professionals and representatives who help employers and workers with H-1B registrations and petitions.
- Consulting Firms: Especially those that have submitted large numbers of registrations for the same individuals in the past.
- USCIS and DHS Staff: Government workers responsible for reviewing, processing, and enforcing H-1B petitions.
Effective Dates and Timeline
- July 17, 2025: DHS/USCIS submitted the proposed rule to OMB for review.
- Next Steps: After OMB review, the proposed rule will be published in the Federal Register. This will start a public comment period, where anyone can share their thoughts or concerns about the rule.
- No Final Date Yet: There is no set legal deadline for when the rule must be finalized. The rule will only take effect after the final version is published and an official effective date is announced.
- Likely Impact: The new rule is expected to affect the H-1B cap season for Fiscal Year 2027 and beyond, but this depends on how quickly the rule moves through the review and comment process.
DHS published a Notice of Proposed Rulemaking (NPRM)
DHS put in place a final rule for beneficiary-centered selection process
DHS/USCIS submitted the proposed rule to OMB for review
DHS moves forward with the proposed rule
Expected impact of the new rule on H-1B cap season
Required Actions
If you are involved in the H-1B process, here’s what you should do now:
- Stay Informed: Watch for the proposed rule to be published in the Federal Register. You can check for updates at federalregister.gov.
- Prepare to Comment: Once the rule is published, there will be a public comment period. Employers, workers, attorneys, and other stakeholders should review the rule and consider submitting comments to share their views or concerns.
- Review Registration Practices: Employers and attorneys should review their current H-1B registration practices to make sure they comply with the new beneficiary-centric approach and avoid submitting multiple registrations for the same person.
- Check Eligibility: Attorneys and representatives must carefully check that each beneficiary is eligible for H-1B status before submitting a registration or petition.
- Monitor Pending Applications: If you have a pending H-1B cap-subject petition, the current rules still apply until the new rule is finalized and takes effect.
Background and Historical Context
The H-1B visa program allows U.S. employers to hire skilled foreign workers in specialty occupations, such as technology, engineering, and healthcare. Each year, there is a cap on the number of new H-1B visas that can be issued. When more registrations are received than the cap allows, USCIS uses a lottery system to select which petitions can move forward.
In the past, some large consulting firms and employers would submit multiple registrations for the same person, hoping to increase their chances of being selected. This practice gave an unfair advantage to people with many job offers or those working with large firms, while smaller businesses and genuine applicants had a harder time getting selected.
To address this, DHS has been working to modernize the H-1B program. In December 2021, DHS withdrew a previous rule on weighted selection, showing that they were still looking for the best way to improve the system. Now, with the new proposed rule, DHS aims to make the process more fair and transparent.
Key Features of the Proposed Weighted Selection Rule
The new rule includes several important changes:
- Beneficiary-Centric Selection: Each unique beneficiary will be counted only once in the lottery, no matter how many employers submit registrations for them. This means that having multiple job offers will not increase a person’s chances of being selected.
- Weighted Selection Process: Instead of a simple random lottery, the new system will assign weights to registrations based on certain criteria. These criteria have not been fully explained yet, but they could include factors like the type of employer, the job offered, or the beneficiary’s qualifications.
- Prevention of Multiple Registrations Abuse: The rule will stop related companies from submitting multiple registrations for the same person. This will help prevent “gaming” the system and make the process more fair for everyone.
- Fraud Reduction: USCIS will continue to investigate and take action against fraud. Registrations with false or invalid information, such as fake passport numbers, will be rejected. Petitions based on fraudulent registrations will be denied or revoked, and criminal charges may be filed.
- Streamlining and Clarifications: The rule is part of a larger effort to modernize the H-1B program. It will also clarify who is eligible, what documents are needed, and how to stay in compliance with the rules.
Practical Implications for Stakeholders
These changes will have different effects on various groups:
- Employers: Smaller businesses and startups may have a better chance of getting H-1B visas for their workers, since large firms will no longer be able to flood the system with bulk registrations. Employers should review their hiring and registration strategies to make sure they follow the new rules.
- Beneficiaries: Skilled workers will be entered into the lottery only once, even if they have several job offers. This makes the process more fair, but it also means that having more job offers will not boost their chances.
- Attorneys and Representatives: Legal professionals must make sure that all information submitted is accurate and that each beneficiary is truly eligible. USCIS has clarified that attorneys can still represent petitioners even if they did not help with the electronic registration, but they must be careful to avoid mistakes or fraud.
- Fraud Enforcement: USCIS is taking fraud very seriously. Any registration or petition with false information will be rejected, and those involved may face criminal charges. Employers and attorneys should double-check all information before submitting.
- Pending Applications: If you have already submitted an H-1B cap-subject petition, the current rules still apply. The new rule will only affect future cap seasons after it is finalized and an effective date is announced.
Recent Related Developments
There have been several important updates leading up to this proposed rule:
- On January 17, 2025, DHS put in place a final rule that started the move toward a beneficiary-centered selection process and added new measures to protect the integrity of the H-1B program.
- In October 2023, DHS published a Notice of Proposed Rulemaking (NPRM) that included the idea of a weighted selection process and clarified what counts as a specialty occupation and how petitions can be amended.
- USCIS data from Fiscal Years 2023 to 2026 shows that attempts to cheat the lottery system have gone down, suggesting that the new beneficiary-centric approach and stronger enforcement are working.
Expert Perspectives and Analysis
Immigration law experts see the proposed weighted selection process as a big step toward fairness. By focusing on the individual worker instead of the number of registrations, the new system reduces the advantage that large consulting firms once had. This should help smaller employers and genuine applicants have a better chance.
Experts also stress the importance of the public comment period. The details of how the weights will be assigned are very important. Stakeholders should use the comment period to share their thoughts and make sure the system is fair and easy to understand.
Some concerns remain about how complex the new system might be. There are questions about whether it will slow down processing times or create more paperwork for employers and USCIS staff. DHS will need to balance fairness with keeping the process simple and efficient.
Future Outlook
The proposed weighted selection rule is still in the early stages. After the public comment period, DHS and USCIS will review all feedback and may make changes before publishing the final rule. The new system is expected to affect the H-1B cap season for Fiscal Year 2027 and later.
DHS and USCIS will keep watching for fraud and abuse, and more updates to the rules may come in the future. Employers, workers, and attorneys should stay informed and be ready to adjust their practices as new rules are announced.
Official Resources and Contacts
For more information about the H-1B program and the latest updates, you can visit the official USCIS H-1B Specialty Occupations page. This page has details about eligibility, the registration process, and answers to common questions.
You can also check the Federal Register for updates on the proposed rule and other immigration regulations.
Actionable Takeaways and Next Steps
- Employers: Review your H-1B registration and hiring practices. Make sure you are not submitting multiple registrations for the same person and that all information is accurate.
- Beneficiaries: Understand that you will only be entered into the lottery once, no matter how many job offers you have. Focus on making sure your registration is complete and accurate.
- Attorneys: Double-check all eligibility and registration information for your clients. Be ready to help clients understand the new rules and how they affect their chances.
- All Stakeholders: Watch for the proposed rule to be published in the Federal Register and be ready to submit comments during the public comment period. Your feedback can help shape the final rule.
- Pending Applications: If you have a pending H-1B cap-subject petition, the current rules still apply. Stay informed about when the new rule will take effect.
Conclusion
The Department of Homeland Security’s move to a weighted selection process for H-1B cap-subject petitions marks a major change in the way skilled foreign workers are selected for jobs in the United States 🇺🇸. By focusing on the individual worker and reducing the chance for abuse, the new system aims to make the process more fair for everyone involved.
As reported by VisaVerge.com, these changes are part of a larger effort to modernize the H-1B program and protect its integrity. Employers, workers, and attorneys should stay informed, review their practices, and be ready to adapt as new rules are finalized. For the most up-to-date information, always refer to official government sources and take part in the public comment process when possible.
By following these steps, you can make sure you are prepared for the changes ahead and help ensure a fair and transparent H-1B selection process for all.
Learn Today
DHS → Department of Homeland Security, responsible for immigration enforcement and rulemaking in the U.S.
USCIS → U.S. Citizenship and Immigration Services, agency processing visa petitions and immigration benefits.
H-1B Cap-Subject Petitions → H-1B visa requests subject to an annual numerical limit by USCIS.
Weighted Selection Process → A method assigning different likelihoods of selection to H-1B petitions based on criteria, replacing pure random lottery.
Office of Management and Budget (OMB) → Federal office reviewing significant regulatory proposals before they are published.
This Article in a Nutshell
DHS plans to reform H-1B visa selections by introducing a weighted process focused on beneficiaries, reducing multiple registrations and fraud, improving fairness for smaller employers, and changing the lottery starting fiscal year 2027. Stakeholders must prepare for public comments and review practices accordingly.
— By VisaVerge.com
