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December 2025 US Immigration

Weighted Selection System: Moving Away from the Lottery

On 23 December 2025, the Department of Homeland Security announced final rules implementing a weighted selection process for H-1B visas, replacing the random lottery that has governed visa allocation for decades.

How the New System Works

The weighted selection process gives greater probability of selection to candidates with higher skills and higher wages.

While employers at all wage levels can still participate, those offering higher compensation will see their petitions prioritised.

This is intended to ensure H-1B visas are allocated to the most skilled and valuable workers rather than distributed randomly.

Implementation Timeline

The new weighted selection system becomes effective 27 February 2026 and will be in place for the FY 2027 H-1B cap registration season.

Employers should plan their FY 2027 petitions with the new system in mind, considering how wage levels will affect selection probability.

Policy Rationale

According to USCIS, the previous random selection process was exploited and abused by U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers.

The new system aims to strengthen America's competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers.

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