Complete

Rule is in effect

Effective as of February 27, 2026

  1. Published Dec 29, 2025
  2. In effect Feb 27, 2026
Final Rule In effect H-1B

Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions

Agency: Homeland Security Department

Document #: 2025-23853

Published: December 29, 2025

Effective: February 27, 2026

Docket: CIS No. 2847-26

Who this affects

  • H-1B specialty workers
  • U.S. employers filing H-1B petitions

Inferred from the official title and Federal Register summary. Confirm on the official document — not legal advice.

Summary

The U.S. Department of Homeland Security (DHS) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for unique beneficiaries for filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement is suspended). Through this rule, DHS is implementing a weighted selection process that will generally favor the allocation of H-1B visas to higher-skilled and higher-paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the congressional intent for the H-1B program. This rule will be effective in time for the FY 2027 registration season.

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