Overview

• The Department of Homeland Security has submitted to OIRA a proposed “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” aimed at ending the random lottery.
• USCIS reported receiving 343,981 registrations and selecting 120,141 beneficiaries for the FY2026 H-1B cap, underscoring that demand still outpaces supply.
• Under the pending rule, candidates would be ranked by factors such as offered salary and advanced degree status instead of a random draw.
• Research by Jeremy L. Neufeld at the Institute for Progress found that salary-based ranking could boost average first-time H-1B salaries from $106,000 to $172,000 and raise the program’s economic value by up to 88%.
• Indian nationals, who have secured over 70% of H-1B visas in recent years, could see the greatest impact as the shift targets wages and qualifications.