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

Status: No effective date given. The document does not state one. Read the source before relying on timing.

From the published effective date. Nothing here records a court changing it.

• Document number: 2025-18473
• Type: Proposed Rule
• Published: September 24, 2025
• Comments close: October 24, 2025
• Agency: Homeland Security Department

Official abstract

The U.S. Department of Homeland Security (DHS) proposes to amend 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). DHS proposes to implement a weighted selection process that would 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.

Primary source

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Data updated October 2, 2026