What’s Happening

The Department of Homeland Security (DHS) has provided an advanced copy of a notice of proposed rulemaking (“NPRM”) to amend the H-1B visa selection process, implementing a weighted selection system which aims to favor higher-skilled (and higher-paid) applicants. 

The proposed rule is expected to be formally published in the Federal Register on September 24, 2025, followed by a 30 day period of public comment. It is expected that it will take several months following the end of the notice and comment period for DHS to review public input and publish the final rule along with its effective date (expected to be 30 to 60 days from the date of publication). In addition, updates would need to be made to the current online H-1B registration portal to reflect the new data that must be gathered as well as the weighted registrations. As such, it is not yet known whether the new system could be in place for the upcoming H-1B cap season (Fiscal Year (FY) 2027).