Chief, Business and Foreign Workers Division, Office of Policy and Strategy

1615-AD01 202510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1615 U.S. Citizenship and Immigration Services USCIS 1600 Department of Homeland Security DHS Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions

DHS is amending its regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B petitions subject to the numerical limitations under INA section 214(g), or the way in which USCIS selects H-1B petitions for any year in which the registration requirement is suspended. Under the rule, all registrations (or petitions, if applicable) would be weighted to generally favor beneficiaries whose proffered wages correspond to higher Occupational Employment and Wage Statistics wage levels. The rule would retain beneficiary-centric selection of registrations. The rule would not affect the order of selection between the regular cap and the advanced degree exemption, and would not alter the prevailing wage level associated with a given position for U.S. Department of Labor purposes.

]]> Economically Significant Previously Published in The Unified Agenda Completed Actions Yes No Fully or Partially Exempt 8 CFR 214.2(h) 6 U.S.C. 101,111, 112, and 202 8 U.S.C. 1101(a)(15)(H)(i)(b) 1103(a), 1182(n) and (p) 8 U.S.C. 1184(a), (c), (g), and (i) ... No NPRM 09/24/2025 90 FR 45986 NPRM Comment Period End 10/24/2025 Final Rule 12/29/2025 90 FR 60864 Final Rule Effective 02/27/2026 YES Businesses Organizations Undetermined No https://www.regulations.gov https://www.regulations.gov Yes No Paul Buono Chief, Business and Foreign Workers Division, Office of Policy and Strategy 1615 U.S. Citizenship and Immigration Services USCIS 240 721-3000 5900 Capital Gateway Drive, Suite 4S190, Camp Springs MD 20588-0009