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DHS/USCIS RIN: 1615-AD01 Publication ID: 2026 
Title: Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions 
Abstract:

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. 

 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
EO 14192 Designation: Fully or Partially Exempt 
CFR Citation: 8 CFR 214.2(h)   
Legal Authority: 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)    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
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 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.regulations.gov   Public Comment URL: https://www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
Paul Buono
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000