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ARTICLE · 29 SEPTEMBER 2025

DHS Proposes Changes To H-1B Cap Registration Selection And H-1B Cap-Subject Petition Filing Process

Duane Morris LLP
Duane Morris LLP
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On September 24, 2025, the Department of Homeland Security (DHS) published a notice of proposed rulemaking, "Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions."

United StatesImmigration
Lauren Aucoin
Lauren Aucoin
Guilherme Massetti
Guilherme Massetti
Kristopher W. Peters
Kristopher W. Peters
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On September 24, 2025, the Department of Homeland Security (DHS) published a notice of proposed rulemaking, "Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions." If the changes under the proposed rule are implemented, it would overhaul the existing annual H-1B cap registration and selection process from a random lottery to a weighted selection system based on a candidate's offered wage level.

The new system is designed to prioritize H-1B workers with higher-paying jobs, which DHS believes are more likely to be highly skilled. This Alert provides an overview of the key proposed changes and what they could mean for employers and H-1B candidates.

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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