Base
RuleSignificant2025-238532025-12-29

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

Homeland Security Department

Abstract

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.

Action & Dates

Action
Final rule.
Dates
This final rule is effective February 27, 2026.
Effective Date
2026-02-27

CFR References

Topics

Administrative practice and procedureAliensCultural exchange programsEmploymentForeign officialsHealth professionsReporting and recordkeeping requirementsStudents

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Part 214 [CIS No. 2847-26; DHS Docket No. USCIS-2025-0040] RIN 1615-AD01 ( printed page 60864) AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. 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. DATES: This final rule is effective February 27, 2026. FOR FURTHER INFORMATION CONTACT: Business and Foreign Workers Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone (240) 721-3000 (not a toll-free call). SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary A. Purpose and Summary of the Regulatory Action B. Summary of Costs and Benefits C. No Changes From the Notice of Proposed Rulemaking D. Implementatio

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Full Document

Citation: 90 FR 60864