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DHS proposes weighted selection process for H-1B Lottery
On 24 September 2025, the Department of Homeland Security (DHS) published a proposed rule to amend the H-1B visa cap-subject selection process. Currently, U.S. Citizenship and Immigration Services (USCIS) conducts a random lottery to select registrations when the number of registrations submitted exceeds the statutory cap. The proposed rule introduces a weighted selection process, designed to favor higher-paid workers while still preserving opportunities for all wage levels. The stated intention is for the H-1B program to “better serve the Congressional intent” for the program, which is to enable employers to temporarily fill roles in highly skilled occupations without undermining wages for U.S. workers.
A Tax Alert prepared by EY's People Advisory Services, and attached below, provides additional details.