White House to replace H-1B visa lottery with wage-based selection

The White House’s Office of Information and Regulatory Affairs has approved a proposed rule that could change how H-1B visas for specialty occupations are allocated, according to a Bloomberg Law report. The decision suggests the regulation could be released soon for public review.

The measure is expected to revive a Trump-era plan that would give priority to applicants offering higher salaries, replacing the current random lottery. US Citizenship and Immigration Services (USCIS) has not yet provided details.

Currently, the H-1B programme caps annual visas at 85,000- 65,000 for general applicants and 20,000 for those with advanced US degrees. When applications exceed the limit, a computerised lottery decides which employers can submit petitions.

In 2021, the Department of Homeland Security proposed a wage-based selection system with four pay categories, giving preference to higher-paying jobs. That rule, part of the Trump administration’s “Buy American, Hire American” initiative, aimed to ensure visas went to highly skilled and well-compensated foreign workers.

The Biden administration withdrew the plan in 2021 after criticism that it would sharply reduce opportunities for lower-paid foreign professionals. With the new proposal advancing, the government may once again attempt to reshape the H-1B process. President Trump has repeatedly argued that the programme is misused to hire lower-paid foreign workers at the expense of Americans, particularly in tech.