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The White House’s Office of Information and Regulatory Affairs has approved a proposed rule that could change how H-1B visas are allocated to specialty occupation workers, according to a Bloomberg Law report. This move suggests the rule may be published publicly soon.
The US Citizenship and Immigration Services (USCIS) has not yet shared details about the new regulation. However, it is expected to revive a plan from the Trump administration to select H-1B visa applicants based on wages paid, rather than using the current random lottery system.
Currently, the H-1B program, widely used by the tech industry, has an annual cap of 85,000 visas. Each spring, a random lottery decides which employers can proceed with visa petitions. In 2021, the Department of Homeland Security (DHS) had proposed allocating H-1B slots based on wage levels divided into four tiers.
During the first Trump administration, DHS sought to replace the random selection with a wage-priority system. The proposed rule would rank petitions based on wages offered, divided into four tiers, prioritizing higher-paid jobs. This effort was part of the administration’s “Buy American, Hire American” policy to ensure H-1B visas favored highly skilled and well-compensated foreign workers.
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However, the Biden administration withdrew this rule in 2021 following significant opposition. More than 1,000 public comments criticized the change, warning it could sharply reduce the number of eligible foreign workers. Federal courts also blocked related attempts to increase wage minimums and tighten the definition of qualifying jobs under the program.
Federal courts blocked had earlier attempts to raise wage floors and restrict qualifying H-1B job categories. The latest approval indicates the government may push again for changes in the H-1B visa allocation process.
US President Donald Trump has frequently criticized the H-1B visa program, arguing that it was often used to bring in cheaper foreign labor at the expense of American workers. He claimed that some companies misused the program to replace US employees with lower-paid foreign workers, especially in the tech sector. His administration’s stance is focused on protecting American jobs and wages.
The US Citizenship and Immigration Services (USCIS) has not yet shared details about the new regulation. However, it is expected to revive a plan from the Trump administration to select H-1B visa applicants based on wages paid, rather than using the current random lottery system.
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Currently, the H-1B program, widely used by the tech industry, has an annual cap of 85,000 visas. Each spring, a random lottery decides which employers can proceed with visa petitions. In 2021, the Department of Homeland Security (DHS) had proposed allocating H-1B slots based on wage levels divided into four tiers.
During the first Trump administration, DHS sought to replace the random selection with a wage-priority system. The proposed rule would rank petitions based on wages offered, divided into four tiers, prioritizing higher-paid jobs. This effort was part of the administration’s “Buy American, Hire American” policy to ensure H-1B visas favored highly skilled and well-compensated foreign workers.
(Join our ETNRI WhatsApp channel for all the latest updates)
However, the Biden administration withdrew this rule in 2021 following significant opposition. More than 1,000 public comments criticized the change, warning it could sharply reduce the number of eligible foreign workers. Federal courts also blocked related attempts to increase wage minimums and tighten the definition of qualifying jobs under the program.
Federal courts blocked had earlier attempts to raise wage floors and restrict qualifying H-1B job categories. The latest approval indicates the government may push again for changes in the H-1B visa allocation process.
US President Donald Trump has frequently criticized the H-1B visa program, arguing that it was often used to bring in cheaper foreign labor at the expense of American workers. He claimed that some companies misused the program to replace US employees with lower-paid foreign workers, especially in the tech sector. His administration’s stance is focused on protecting American jobs and wages.
