Overview
- USCIS will replace the random H‑1B lottery with a wage‑weighted selection starting in late February 2026 for FY2027 registrations, prioritizing higher‑paid, higher‑skilled petitions.
- Under the rule, registrations tied to higher Department of Labor wage tiers receive multiple entries in the selection pool, increasing chances for Level 4 and Level 3 offers compared with lower tiers.
- A federal judge ruled President Donald Trump’s $100,000 fee on new H‑1B petitions lawful, allowing it to proceed while challenges from the U.S. Chamber of Commerce, state attorneys general, and others continue.
- Expanded “online presence” reviews that began Dec. 15 for all H‑1B and H‑4 applicants have led to mass rescheduling of consular interviews, notably in India, where the MEA says it has raised concerns with U.S. officials.
- The annual cap remains 65,000 plus 20,000 for U.S. advanced‑degree holders, with large, high‑wage employers expected to gain advantage as startups, research institutions, healthcare pipelines, and early‑career candidates warn of reduced access.