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https://www.newsweek.com/h-1b-visas-changes-approved-white-house-report-2112216
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Politics
00:31
US To Require Some Foreign Nationals To Post Up To $15000 Bond For Visas
By Robert Alexander
Senior Crime & Court Reporter
Newsweek Is A Trust Project Member
FOLLOW
Aproposed Department of Homeland Security rule that would alter how H-1B visas are allocated has cleared review by the White House's Office of Information and Regulatory Affairs (OIRA), according to Bloomberg Law.
Federal regulators cleared a proposed rule that would apply a "weighted selection process" by replacing the current random lottery with a new system that gives priority in the selection process to registrants who meet or exceed certain criteria, such as wage or education level.
Newsweek reached out to the DHS and the OIRA for comment.
The H-1B cap of 85,000 slots annually influences employers' ability to hire specialized foreign workers in fields including engineering, computer science and business specialties. Any change to the selection criteria could incentivize employers to offer higher wages to improve odds in a weighted system or change recruitment strategies.
Stock image of an H-1B visa. Getty Images
The proposed weighted-selection concept echoes a 2021 DHS plan under President Donald Trump's first administration that had sought to rank and select petitions by wage tiers (OES wage levels IV down to I), an approach that the Trump administration argued would prioritize higher-paid, highly skilled hires. That earlier plan faced opposition, was withdrawn by the Biden administration and saw related regulations blocked in federal court.
The Institute for Progress, a nonpartisan think tank examining innovation policy, earlier this year suggested eliminating the H-1B lottery. It argued that the economic value of the visa program could be increased by 88 percent if applicants were evaluated based on seniority or salary.
The H-1B visa has come under increasing scrutiny since Trump assumed office in January, as the president's supporters have called into question the number of visas handed out to foreign nationals at what they claim is the expense of American workers. For example, Microsoft is under growing pressure to account for its H-1B visa requests while the company has issued major layoffs in recent months.
The Washington-based tech giant applied for 9,491 H-1B visas during the last fiscal year, all of which were approved. The company has laid off nearly 16,000 people in total this year, out of a 228,000-strong global employee base.
Immigration attorneys Fragomen LLP, in an August 11 article: "The next step for the proposal is publication in the Federal Register for public feedback."
A proposed rule overhauling the allocation of H-1B visas for specialty occupation workers was approved by a key White House office, signaling it may be released publicly soon.
H-1B Visas Changes Approved by White House: Report
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Politics
H-1B Visas Changes Approved by White House: Report
Tuesday at nullYesterday at null00:31
US To Require Some Foreign Nationals To Post Up To $15000 Bond For Visas
By Robert Alexander
Senior Crime & Court Reporter
Newsweek Is A Trust Project MemberFOLLOW
Aproposed Department of Homeland Security rule that would alter how H-1B visas are allocated has cleared review by the White House's Office of Information and Regulatory Affairs (OIRA), according to Bloomberg Law.
Federal regulators cleared a proposed rule that would apply a "weighted selection process" by replacing the current random lottery with a new system that gives priority in the selection process to registrants who meet or exceed certain criteria, such as wage or education level.
Newsweek reached out to the DHS and the OIRA for comment.
Why It Matters
The H-1B program supplies tens of thousands of specialty-occupation workers to U.S. employers each year and is heavily used by the technology sector. Any shift from a random lottery to a weighted, wage- or skill-based system could change hiring incentives for employers, affecting which foreign professionals obtain U.S. work authorization.The H-1B cap of 85,000 slots annually influences employers' ability to hire specialized foreign workers in fields including engineering, computer science and business specialties. Any change to the selection criteria could incentivize employers to offer higher wages to improve odds in a weighted system or change recruitment strategies.
Stock image of an H-1B visa. Getty Images
What To Know
Federal review clearance by the OIRA typically preceded publication of a proposed rule in the Federal Register and a public comment period. The next step is a Federal Register publication, followed by a 30- to 60-day comment window and a multistep process before any final rule could take effect.The proposed weighted-selection concept echoes a 2021 DHS plan under President Donald Trump's first administration that had sought to rank and select petitions by wage tiers (OES wage levels IV down to I), an approach that the Trump administration argued would prioritize higher-paid, highly skilled hires. That earlier plan faced opposition, was withdrawn by the Biden administration and saw related regulations blocked in federal court.
The Institute for Progress, a nonpartisan think tank examining innovation policy, earlier this year suggested eliminating the H-1B lottery. It argued that the economic value of the visa program could be increased by 88 percent if applicants were evaluated based on seniority or salary.
The H-1B visa has come under increasing scrutiny since Trump assumed office in January, as the president's supporters have called into question the number of visas handed out to foreign nationals at what they claim is the expense of American workers. For example, Microsoft is under growing pressure to account for its H-1B visa requests while the company has issued major layoffs in recent months.
The Washington-based tech giant applied for 9,491 H-1B visas during the last fiscal year, all of which were approved. The company has laid off nearly 16,000 people in total this year, out of a 228,000-strong global employee base.
What People Are Saying
U.S. Citizenship and Immigration Services agency guidance, July 18, 2025: "USCIS has announced that it has received enough petitions to meet the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, also known as the master's cap, for fiscal year 2026."Immigration attorneys Fragomen LLP, in an August 11 article: "The next step for the proposal is publication in the Federal Register for public feedback."
What Happens Next
Industry advisers and regulatory watchers expected the administration to publish the proposed rule in the Federal Register, which would trigger a formal public comment period.A proposed rule overhauling the allocation of H-1B visas for specialty occupation workers was approved by a key White House office, signaling it may be released publicly soon.
