What’s Happening

The Department of Homeland Security (DHS) has issued a final rule replacing the random, computerized H-1B visa lottery with a weighted selection process favoring higher wage applicants. This rule is unchanged from the proposed rule published in September this year. The final rule was published in advance in the Federal Register on December 23, 2025, and is scheduled for full publication on December 29, 2025. It is set to become effective 60 days after publication, on February 27, 2026, in time for the Fiscal Year 2027 H-1B cap season set to begin in March 2026, although litigation challenging the rule in federal court is possible.