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U.S. Replaces H-1B Lottery With Wage- and Skill-Based Selection

The move recasts access toward higher-paid talent, with expanded online vetting already slowing consular processing and stranding many Indian workers.

Overview

  • The Department of Homeland Security finalized a rule that replaces the random H-1B lottery with a weighted process favoring higher-paid and higher-skilled applicants, effective February 27, 2026 for the FY 2027 cap season.
  • Beginning December 15, the State Department expanded online presence and social-media reviews to all H-1B and H-4 applicants worldwide, and embassies advised applicants to apply early and expect additional processing time.
  • U.S. consulates, particularly in India, have pushed many December H-1B and H-4 interview appointments into March–June 2026 and beyond, leaving hundreds of workers temporarily stranded after traveling for renewals.
  • Major technology employers have warned staff to avoid international travel if a new visa stamp is required, citing mounting cancellations and delays under the expanded screening.
  • A $100,000 per-visa fee imposed by presidential proclamation is in effect and was upheld by a federal judge this week, even as broader industry legal challenges proceed.