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DHS Files Draft Rule to Replace H-1B Lottery With Weighted Selection

Under OMB review, DHS would rank applicants by salary, education, experience, seniority ahead of the FY 2027 cap

Overview

  • DHS has filed a draft rule with the Office of Management and Budget, triggering interagency review and upcoming public comment
  • Detailed ranking criteria remain confidential, but early assessments indicate selection could hinge on salary, education, experience, seniority
  • The weighted process could take effect by March 2026 for the FY 2027 visa cycle, reshaping allocation of 85,000 capped H-1B slots
  • Higher-paid professionals and U.S. advanced-degree holders stand to gain under a merit-based model, while outsourcing firms and entry-level candidates may lose out
  • Indian nationals, who have secured over 70% of H-1B visas in recent years, may see their selection odds shift under the new formula