Departamento of Segurança Interna of Estados Unidos announced a significant change to the H-1B visa selection process. The new rule replaces the random lottery system with a weighted mechanism that gives greater weight to applications with higher salaries. Essa amendment aims to prioritize highly qualified and better paid foreign workers.
The measure goes into effect for the fiscal year 2026 registration process. The stated goal is to protect Americans’ wages and working conditions by encouraging companies to offer competitive compensation to attract foreign talent.
Details of the new selection rule
The final rule establishes a weighting system based on the four salary levels defined by Departamento of Trabalho. Candidaturas at higher salary levels receive multiple entries into the selection pool, increasing their chances of approval.
- Level IV (highest): up to four entries in the draw;
- Level III: three entries;
- Level II: two entries;
- Level I (entry): one entry only.
This structure maintains the possibility of selection at all levels, but clearly favors positions with higher salaries. The annual cap on H-1B visas remains at 85,000, including 20,000 reserved for holders of advanced degrees from American universities.
The change revives a proposal from Trump’s first term, which had been judicially blocked and withdrawn by the previous administration. Agora, the focus is on aligning the program with the congressional intention of attracting highly qualified professionals.
Context of the H-1B Program
The H-1B visa allows American companies to hire foreign workers in specialized occupations such as technology, engineering and science. Demand always exceeds supply, which justified the use of the random lottery since its implementation.
Critics of the previous system argued that it allowed abuse, with some companies flooding the process with registrations for lower-paying positions. The new approach seeks to correct this by linking selection chances directly to the salary offered.
Technology companies, which are the main users of the program, monitor the implementation. Elas depend on these visas to fill vacancies in areas with high demand for specialized talent.
Expected impacts for employers
Companies that offer higher salaries will have clear advantages in the selection process. Isso can encourage adjustments to compensation policies to increase the likelihood of petition approval.
On the other hand, entry-level positions or in regions with a lower cost of living may face greater difficulties. Pequenas companies and startups, which often hire professionals at the beginning of their careers, express concern about the reduction in access to the program.
Departamento of Segurança Interna estimates that the rule will increase total wages paid to H-1B recipients by hundreds of millions of dollars annually. Essa projection considers the movement of approvals to higher salary levels.
Complementary measures in the program
The selection change comes in parallel with other H-1B reforms announced by the Trump administration. A previous proclamation introduced an additional fee for certain new petitions to reinforce the integrity of the system.
Departamento of Trabalho also plans to review prevailing salary levels. Essas updates seek to ensure that salaries offered better reflect the local market for specialized occupations.
Officials say the changes strengthen American competitiveness by prioritizing workers who contribute more significantly economically. The process maintains opportunities for all levels, but with different weights.
Initial reactions to the ad
Immigration experts highlight that the weighted rule represents an evolution in relation to the previous proposal, which strictly prioritized higher salaries. The current approach preserves chances for applications at lower levels, although reduced.
Companies in the technology sector monitor the practical effects of hiring global talent. Universidades and research institutions, exempt from the annual limit, are not directly affected by the change in the draw.
Implementation will occur in time for the fiscal year 2026 registration period, which typically begins in March. Empregadores must prepare records including accurate salary information to maximize chances.
Prospects for the future of the H-1B
The rule reinforces the focus on highly qualified and highly paid workers. Autoridades of USCIS emphasize that the weighted system best meets program objectives without completely excluding lower tiers.
Demand for H-1B visas remains high, especially in sectors such as IT and engineering. The new selection could redistribute approvals to large companies capable of offering competitive salaries.
The program remains essential to American innovation, enabling access to international talent in specialized areas. Ajustes aim to balance economic interests with protection of the local labor market.
