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U.S. to prioritize higher wages in new H-1B selection process

February 2026 employment law letter
Authors: 

Mandira Sethi and Sarah J. Hawk, Barnes & Thornburg LLP

At the end of 2025, the U.S. Department of Homeland Security (DHS) announced the impending implementation of a weighted selection process for cap-subject H-1B petitions to take effect on February 27, 2026, in advance of the H-1B registration season for fiscal year (FY) 2027.

Increasingly elusive

U.S. employers use the H-1B visa category to fill roles involving a specialty occupation. Known for its restrictive numerical limitations, the H-1B visa category allots 65,000 visas to individuals employed in specialty occupation roles, with an additional 20,000 reserved for such roles to be filled by graduates of U.S. master’s degree programs.

Given the delta between the 85,000 visas available and the vacant specialty occupation roles in the United States, the H-1B visa has become increasingly elusive. Moreover, the lottery system itself has become more challenging to navigate, undergoing several significant changes in the last decade.

Weighted selection

According to the December 23 announcement detailing the latest change, the new weighted selection process will prioritize higher-skilled and higher-paid candidates in the interest of protecting wages, working conditions, and job opportunities for U.S. workers.

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