Alerts9.24.25
Department of Homeland Security Proposes Changes to H-1B Lottery Selection Process
Highlights
- The Department of Homeland Security (DHS) proposed a new rule that would affect the H-1B visa selection process.
- The rule remains a proposal and is open for public comments for the next 30 days.
- This proposed rule, if implemented, marks a third major shift to the H-1B lottery in the last decade.
- Legal challenges to a final rule, if implemented, are possible.
On Wednesday, September 24, 2025, the DHS proposed a rule that, if implemented, would affect how U.S. Citizenship and Immigration Services (USCIS) selects individuals for H-1B visas. The rule, which is now open for public comments, proposes a new system that is intended to increase the likelihood of selection of higher-paid foreign employees by equating compensation with skill. If finalized, the rule would go into effect 60 days from its publication date, possibly in time for next year’s fiscal lottery.
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