H-1B Registration Selection changes

USCIS Final Rule Confirms H-1B Registration Selection Changes

Maggio Kattar

On December 29, 2025, DHS published a Final Rule in the Federal Register confirming changes to the H-1B cap registration selection process. This rule formalizes the weighted selection process USCIS previously announced and discussed earlier this year.

What the H-1B registration selection changes mean for employers

  • No substantive changes from what USCIS outlined in September.
  • The H-1B cap registration system will prioritize unique beneficiaries, rather than the number of registrations submitted on their behalf.  Prospective beneficiaries will be allotted up to four lottery “tickets” based on the applicable prevailing wage level.  For example, if a beneficiary’s wage level meets a Level III threshold, that individual will be allotted three “tickets”.   
  • The goal, according to DHS, is to reduce gaming of the system and strengthen program integrity.

Status of litigation

  • Legal challenges to the rule are expected.  For now, the rule is effective February 27, 2026 as a Final Rule.

Practical impact of H-1B registration selection changes

  • Employers should proceed with FY 2027 H-1B cap planning based on the new regulatory framework. 
  • Employers should review current Department of Labor prevailing wage and O*Net job profiles with counsel to determine the number of lottery “tickets” each beneficiary could receive. 
  • The Department of Labor is expected to release updated prevailing wage data at some point in 2026. 

We will continue to monitor litigation and implementation guidance and will flag any developments that materially affect employer filing strategy.