WASHINGTON: A sweeping change to the US H-1B visa selection process has triggered fresh anxiety among Indian technology professionals and Indian American families, after the Department of Homeland Security (DHS) formally notified that future H-1B cap selections will be weighted based on wage levels rather than random lottery alone.
The final rule, published in the Federal Register, amends existing regulations to allow the selection of “unique beneficiaries toward the H–1B annual numerical limitations and the advanced degree exemption in a weighted manner based on the wage level listed in each H–1B registration that corresponds to the prospective petitioner’s proffered wage.”
For Indian nationals—who account for a large share of H-1B approvals and dominate the long employment-based green card backlog—the shift is being closely watched as a potential restructuring of how foreign talent enters the US technology workforce.