Original Date Announced

DHS published a Notice of Proposed Rulemaking to amend the process by which USCIS selects which prospective petitioner can actually file a cap-subject H-1B petition for an H-1B registrant. The rule proposes a move away from the current random selection system to a weighted selection process that would "generally favor the allocation of H-1B visas to higher skilled and higher paid [noncitizens]."

DHS states that the rule aims to "better serve the Congressional intent for the H-1B program," and would "incentivize employers to offer higher wages or higher skilled positions to H-1B workers and disincentivize the existing widespread use of the H-1B program to fill lower paid or lower skilled positions without effectively precluding beneficiaries with lower wage levels or entry level positions."

DHS provides a 30-day comments period until October 24, 2025.

Trump 2.0 [ID #1867]

Subsequent Trump and Court Action

2024.09.24 H-1B Registration Tool - Table of Changes

In conjunction with the notice of proposed rulemaking, DHS also proposed changes to the H-1B Registration Tool. The H-1B Registration Tool is an online platform used by petitioners to register prospective H-1B cap-subject beneficiaries for the H-1B lottery. The proposed revisions request additional information about the job opportunity's relevant wage level. DHS will accept public comments on the proposed changes until November 24, 2025.

Subsequent Trump and Court Action

2025.09.24 Form I-129 - Table of Changes

In conjunction with the notice of proposed rulemaking, DHS also proposed changes to Form I-129, Petition for Nonimmigrant Worker. Form I-129 is used by employers to petition for nonimmigrant visas, including the H-1B visa. DHS proposes to revision Form I-129 to seek additional information about the level of education, skills, and experiences required for the relevant job opportunity and the wage level. DHS will accept public comments on the proposed changes until November 24, 2025.

Subsequent Trump and Court Action

2025.12.29 DHS Final Rule - Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H–1B Petitions

DHS published a final rule implementing, without modification, the weighted selection process for cap-subject H-1B petitions proposed in the earlier NPRM. The rule will be effective February 27, 2026, in time for the FY 2027 registration season.