Overview

• The Office of Information and Regulatory Affairs approved a DHS and USCIS proposal on August 8 to shift from a random lottery to a weighted selection process based on factors like wages and education.
• The rule has yet to appear in the Federal Register, where its publication will trigger a 30- to 60-day notice-and-comment period for stakeholders to submit feedback.
• The plan revives a 2021 Trump-era approach that ranked applications by wage tiers before being withdrawn by the Biden administration and blocked in federal court.
• Legal and industry experts warn that favoring higher wages would advantage large tech employers and senior professionals while making it harder for entry-level workers, smaller firms and international students to secure visas.
• Observers anticipate intense political debate and likely lawsuits, with a potential implementation by March 2026 if the rule survives the public-comment process and legal challenges.