DHS Proposes A Weighted Selection Process For Cap-Subject H-1B Petitions

On September 24, 2025, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, will modify the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for H-1B cap-subject petitions. The proposed rule seeks to replace the current H-1B random selection lottery process with a weighted wage-based selection process that favors higher-skilled and higher-paid workers.

Quick Hits

• The U.S. Department of Homeland Security (DHS) has proposed a new rule to replace the current H-1B random selection lottery with a weighted wage-based selection process, favoring higher-paid and higher-skilled workers.
• The proposed rule aims to prioritize H-1B applications for higher-paying positions by requiring wage information during the initial registration process.