New H-1B Visa Changes Unveiled by the White House

The White House’s Office of Information and Regulatory Affairs (OIRA) has approved a proposed change to how U.S. Citizenship and Immigration Services (USCIS) administers the H-1B visa program, according to a report.

The H-1B program allows employers to hire skilled foreign workers, especially in sectors like technology. Each year, the number of H-1B visas is capped at 85,000—65,000 for general applicants and an additional 20,000 for those with advanced degrees from U.S. institutions. Currently, these visas are awarded through a random lottery, a method that has long faced criticism.

On August 8, OIRA approved a proposed regulation that would replace the lottery with a “weighted selection process,” Bloomberg Law reports.

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While USCIS, which operates under the Department of Homeland Security, hasn’t yet released specific details, it’s expected that the new system would prioritize petitions based on wage levels, in line with statutory caps.

This change could prompt employers to offer higher salaries to improve their chances of securing a visa for their chosen candidates. Critics warn that this could disadvantage entry-level professionals and recent graduates who typically earn less.

If implemented, the rule would significantly impact who gets work authorization in the U.S., potentially reshaping hiring strategies and increasing competition among applicants.

The Institute for Progress, a nonpartisan think tank, has previously argued that evaluating H-1B applicants by salary or experience rather than by random selection could boost the program’s economic value by up to 88 percent.

A similar proposal was introduced in January 2021, at the end of Donald Trump’s presidency. That plan aimed to rank visa applicants by wage levels, divided into four tiers, to prioritize higher-skilled workers—a move aligned with Trump’s agenda to protect American jobs. However, the Biden administration later rejected and withdrew the rule.

These changes extend beyond merely filling positions. They are about building a diverse workforce that fuels innovation and drives economic growth. As we anticipate the effects of these updates, the potential for an enriched economy and a skilled workforce is more promising than ever!

With these measures in place, the future of the H-1B visa program looks bright, and we can look forward to the positive impact it will bring to the U.S. economy and its talented workforce.

Now that OIRA has given its approval, the proposal will be published in the Federal Register for public review and comment before any final decision is made.

✨ Consult with IMS for more information and expert guidance with your chance to be a part of the H-1B visa program

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