DHS Proposes New Rule to Alter H-1B Cap Selection Process

On July 21, 2025, the Department of Homeland Security (DHS) submitted a proposed rule to the Office of Management and Budget (OMB) that would introduce a weighted selection process for the annual H‑1B visa cap. The proposal is currently under interagency review and has not yet entered public comment.

What this could mean:

• Instead of the traditional random lottery, DHS may prioritize registrations based on criteria like the wage level offered or beneficiary qualifications.

• This isn’t entirely new—similar reform efforts were initiated during late Trump‑era rulemaking but were withdrawn early in the Biden Administration and later struck down by a federal court.

Next Steps & Timeline:

• OMB Review: Typically takes up to 90 days (but timing may vary).

• Federal Register Publication: Once cleared, the proposal will be published, triggering a standard 60‑day public comment period.

• Final Rule Issuance: After reviewing feedback, DHS will issue a final rule, generally effective 30–60 days post‑publication.

• Implementation Timeline: Likely aligns with the FY 2026 H‑1B cap season, generally beginning in March 2026.