Admin to Overhaul H-1B Visa Regulations12/24 06:14

   

   WASHINGTON (AP) -- The Department of Homeland Security said Tuesday it was 
replacing its longstanding lottery system for H-1B work visas with a new 
approach that prioritizes skilled, higher-paid foreign workers.

   The change follows a series of actions by the Trump administration aimed at 
reshaping a visa program that critics say has become a pipeline for overseas 
workers willing to work for lower pay, but supporters say drives innovation.

   "The existing random selection process of H-1B registrations was exploited 
and abused by U.S. employers who were primarily seeking to import foreign 
workers at lower wages than they would pay American workers," said U.S. 
Citizenship and Immigration Services spokesman Matthew Tragesser.

   Earlier this year, President Donald Trump signed a proclamation imposing a 
$100,000 annual H-1B visa fee on highly skilled workers, which is being 
challenged in court. The president also rolled out a $1 million "gold card" 
visa as a pathway to U.S. citizenship for wealthy individuals.

   A press release announcing the new rule says it is "in line with other key 
changes the administration has made, such as the Presidential Proclamation that 
requires employers to pay an additional $100,000 per visa as a condition of 
eligibility."

   Historically, H-1B visas have been awarded through a lottery system. This 
year, Amazon was by far the top recipient, with more than 10,000 visas 
approved, followed by Tata Consultancy Services, Microsoft, Apple and Google. 
California has the highest concentration of H-1B workers.

   The new system will "implement a weighted selection process that will 
increase the probability that H-1B visas are allocated to higher-skilled and 
higher-paid" foreign workers, according to Tuesday's press release. It will go 
into effect Feb. 27, 2026, and will apply to the upcoming H-1B cap registration 
season.

   Supporters of the H-1B program say it is an important pathway to hiring 
healthcare workers and educators. They say it drives innovation and economic 
growth in the U.S. and allows employers to fill jobs in specialized fields.

   Critics argue that the visas often go to entry-level positions rather than 
senior roles requiring specialized skills. While the program is intended to 
prevent wage suppression or the displacement of U.S. workers, critics say 
companies can pay lower wages by classifying jobs at the lowest skill levels, 
even when the workers hired have more experience.

   The number of new visas issued annually is capped at 65,000, plus an 
additional 20,000 for people with a master's degree or higher.