The proposal, published in the Federal Register, seeks to replace the current random lottery system with a weighted selection model that favours applications from employers offering higher wages. The move is aimed at attracting highly skilled and better-paid foreign workers, while safeguarding American jobs from wage suppression, according to the DHS.
If implemented, the revised system will continue the existing two-stage selection process, giving preference to candidates holding advanced degrees from US institutions. However, in years when applications exceed the annual cap of 85,000, those offering top-tier salaries will have a higher chance of securing visas.
The DHS has invited public participation in the rulemaking process, encouraging stakeholders to submit written comments, data, and views on all aspects of the proposed rule.
With Indian nationals accounting for over 70% of H-1B visa holders, the changes are expected to have a far-reaching impact on India’s IT and outsourcing industry, even though dependency on this category of visa has reduced in the last few years.