US Signals Intention To Rethink Job H-1B Lottery

The US Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS) intend to reevaluate how H-1B visas are issued, according to a regulatory filing. From a report: The notice, filed on Thursday with the US Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA), seeks the statutory review of a proposed rule titled 'Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions.'

Once the review is complete, which could be a matter of days or weeks, the text of the rule is expected to be published in the US Federal Register. Based on the rule title, it appears the government intends to change the system for allocating H-1B visas the current lottery to some system that will favor applicants who meet specified criteria, possibly related to skills.

The H-1B visa program, which reached its Fiscal 2026 cap on Friday, allows skilled guest workers to come work in the US. As of 2019, there were about 600,000 H-1B workers in the US, according to USCIS. The foreign worker program is beloved by technology companies, ostensibly to hire talent not readily available from American workers. But H-1B -- along with the Optional Practical Training (OPT) program -- has long been criticized for making it easier to undercut US worker wages, limiting labor rights for immigrants, and for persistent abuse of the rules by outsourcing companies.

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