New H-1B Lottery Rules Spark Debate

A contentious immigration regulation that would drastically alter the H-1B selection process in favor of those in senior positions has been completed by the Trump administration.

The Department of Homeland Security released the final rule unaltered despite over 17,000 comments on the draft regulation. When more H-1B registrations than the 85,000 yearly cap are received, U.S. Citizenship and Immigration Services holds a lottery. The new regulation mandates that USCIS utilize the four Department of Labor pay levels for prevailing wage determinations to “weight” the lottery in favor of those in professions that need more expertise, even though all registrants presently have an equal chance of being selected for an H-1B petition.

The regulation will go into effect in 2026, prior to the start of filings for the FY 2027 H-1B quota, unless it is prevented. There will be four opportunities for registrants who are given a position that pays Level IV, three chances for Level III registrants, two chances for Level II registrants, and one chance for Level I registrants.

Source: Forbes