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ARTICLE · 30 DECEMBER 2025

DHS Issues Final Rule Implementing Weighted H-1B Cap Selection Process

Holland & Hart LLP
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The U.S. Department of Homeland Security (DHS) has issued a final rule, Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions...

United StatesImmigration
Ann Lee
Ann Lee

The U.S. Department of Homeland Security (DHS) has issued a final rule, Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions, that significantly reshapes how H-1B cap-subject registrations are conducted from a random selection process to a weighted selection process that prioritizes higher-wage, higher-skilled H-1B beneficiaries while preserving access to the program across all wage levels. This rule is scheduled to take effect on February 27, 2026, in time for the FY 2027 H-1B registration season and represents one of the most consequential changes to the H-1B cap selection framework in recent years.

From Random Lottery to Weighted Selection

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