A proposed rule of the Ministry of Internal Security which was going to modify how the H-1B visas are allocated erased the examination by the Bureau of Information and Regulation of the White House (OIRA), according to Bloomberg Law.
Federal regulators have established an proposed rule which would apply a “weighted selection process” by replacing the current random lottery with a new system which gives priority to the selection process to the registrants who meet or exceed certain criteria, such as salary or level of education.
Nowsweek contacted the DHS and the oira to comment.
Why it matters
The H-1B program provides tens of thousands of specialized workers for American employers each year and is strongly used by the technology sector. Any passage from a random lottery to a weighted system based on wages or skills could change hiring incentives for employers, affecting foreign professionals obtain an American work permit.
The H-1B ceiling of 85,000 locations per year influences the ability of employers to hire foreign workers specializing in fields, including engineering, IT and commercial specialties. Any change in the selection criteria could encourage employers to offer higher wages to improve chances in a weighted system or change recruitment strategies.
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What to know
The authorization of the Federal Examination of the OIRA generally preceded the publication of a rule proposed in the federal register and a period of public comments. The next step is a publication of a federal register, followed by a 30 to 60 -day comment window and a process in several stages before any final rule can take effect.
The weighted selection concept proposed echoes a DHS plan in 2021 under the first administration of President Donald Trump who had sought to classify and select petitions by salaried levels (salary levels IV to I), an approach that argued that the Trump administration would prioritize highly qualified hires. This previous plan was confronted with the opposition, was withdrawn by the Biden administration and saw related regulations blocked before the Federal Court.
The Institute for Progress, a non-partisan reflection group examining the innovation policy, earlier this year, suggested eliminating the H-1B lottery. He argued that the economic value of the Visa program could be increased by 88% if the candidates were assessed according to seniority or salary.
Visa H-1B has been the subject of a meticulous examination since Trump took office in January, while supporters of the president called into question the number of visas called to foreign nationals to what they claim to be the costs of American workers. For example, Microsoft undergoes increasing pressure to take into account its H-1B visa requests while the company has published major layoffs in recent months.
The Washington-based technology giant requested 9,491 H-1B visas during the last financial year, which were all approved. The company dismissed nearly 16,000 people in total this year, on the basis of global employees of 228,000 people.
What people say
Guide to the American Agency for Citizenship and Immigration Services, July 18, 2025: “USCIS announced that it had received enough petitions to respect the Congressal of 65,000 regular H-1B visa ceilings and the advanced exemption of 20,000 US H-1B visa, also known as the master’s ceiling, for the 2026.”
Fragomen LLP immigration lawyer, in an article of August 11: “The next step in the proposal is the publication in the federal register for public comments.”
What happens next
Industry advisers and regulatory observers expected the administration to publish the rule proposed in the Federal Register, which would trigger an official public commentary period.
A proposed rule achieving the allocation of H-1B visa for workers in the specialized occupation was approved by a key office in the White House, noting that it could be published publicly soon.
