H-1B Weighted Selection
The Final Rule on H-1B Weighted Selection was published on February 27, 2026 and went into effect governing this latest round of the H-1B visa lottery.
We believe more needs to be done to educate the general public, business, chambers of commerce, economic development leaders, policymakers and others about the economic contributions of international students and J-exchange visitors and the economic costs of the final H-1B Weighted Selection process.
On February 27, 2026, the U.S. Department of Homeland Security (DHS) issued a final rule to change how it conducts the annual H-1B lottery for specialty occupations. Under the prior system, DHS allocates the 85,000 capped H-1B visas for private employers annually authorized by U.S. law through two random lotteries conducted each year. The first lottery included all registered H-1B petitions to allocate 65,000 H-1B visas, and then a second lottery for the 20,000 H-1B visas reserved for applicants who have earned a U.S. master’s degree and above.
The new rule gives applicants whose wages fall into higher Wage Levels additional chances to be selected in each lottery round. DHS contends that this “weighting” approach will incentivize employers to offer higher wages or to petition only for positions requiring higher skills and higher skilled immigrants, that are commensurate with higher wage levels.
Unfortunately, the new rule seeks to bastardize a Wage Level framework designed to enforce prevailing wage requirements and turn it into a mechanism for selecting “the best and brightest” applicants. Technical analyses of prior H-1B applications suggest this revised system will benefit large IT outsourcing firms—many of whom are engaged in business practices that many believe undercut U.S. workers—and will bias the H-1B visa program against international students and younger talent who are critical to America’s innovation economy, national security and global competitiveness.
Understanding the Rule
Because the number of applications received each year for the H-1B program far exceeds the 85,000 visas made available under U.S. law, the federal government developed an H-1B lottery system. In reality, two lotteries are conducted. The first allocates 65,000 visas available to all registered applicants. After that lottery is completed, a second lottery for any remaining applicants who have obtained an advanced degree from a U.S. institution (master’s degree or higher) is conducted to allocate 20,000 additional visas reserved for these advanced degree holders from U.S. institutions.
To prevent undercutting domestic workers, the H-1B program requires all such positions to be paid at or above the “prevailing wage” for their occupation and geographical area. To ensure compliance with these provisions, the U.S. Department of Labor (DOL) developed a Wage Level framework. To operationalize this, DOL uses the Occupational Employment and Wage Statistics (OEWS) survey to distinguish between four distinct Wage Levels, intended to approximate the relative seniority of the offered position within a given occupation. The four Wage Levels are Level I (“entry”), Level II (“qualified”), Level III (“experienced”), and Level IV (“fully competent”).
The new H-1B weighted selection process provides workers at OEWS Wage Level IV four chances in the lottery, workers at Wage Level III three chances, workers at Wage Level II two chances, and workers at Wage Level I one chance.
In this way, DHS seeks to use a system developed to ensure that wages for a specific position meet prevailing wages into a proxy to ensure that the H-1B program prioritizes higher-skilled and higher-paid immigrants, but this new system is biased against younger talent and graduating international students.
How to Get Involved
Spread the Word
Helo ring awareness to this issue and to raise the profile of the importance that international education and international students represent to America, our local economies and higher education is to write an opinion piece in local papers, business journals, newsletters, blogs, LinkedIn posts, and other social media. If you would like assistance in crafting an opinion piece or otherwise spreading the word, or if you have an opinion piece you want to share, please contact us at info@globaldetroitmi.org.
If you would like to learn more about international students entering your state’s workforce, please visit www.optobservatory.org. Our E Pluribus program would love to assist you in spreading the word about the importance of international students and international education to your state’s economy.
Join the E Pluribus International Student Retention Peer Learning Cohort
Global Detroit’s E Pluribus program supports an International Student Retention National Peer Learning Cohort of nearly three dozen local international student retention programs. These programs are immigrant economic inclusion initiatives, economic development organizations, chambers of commerce, state and municipal offices of New Americans, as well as state and local programs who are focused on connecting international student talent to unmet private sector talent needs. The cohort meets online monthly, conducts webinar, and shares research and best practices, as well as tools to advance local international student retention initiatives. To find out more information and/or join the group email us at info@globaldetroitmi.org.
Make a Donation
Global Detroit is a tax-exempt charitable organization. Our E Pluribus national work currently operates without any dedicated funding. If you want to support this program please contact us or consider a donation at https://globaldetroitmi.org/donate/.
Volunteer
Global Detroit is always looking for volunteers who can help us with our programs. Whether it’s crafting social media posts, doing research, analyzing data, conducting outreach to partner organizations, designing websites and reports or just helping out, we welcome volunteers. Email us at info@globaldetroitmi.org to find out more.
Host a Webinar
Most Americans, business and economic development leaders and policymakers are unaware of the enormous economic contributions of international education and the talent proposition that graduating international students pose to help fill critical talent gaps. Hosting a webinar to provide data on those contributions, as well as to explain the new H-1B rule, in addition to the new Duration of Status rule can help educate these partners. Global Detroit’s E Pluribus program would love to work with you to help host a webinar. Please contact us if you need assistance.
Get in Touch
Global Detroit and the E Pluribus program would love to hear from you. If you have questions, ideas, requests or just want to talk about these issues, drop us a line at info@globaldetroitmi.org.
Join the U.S. for Success Coalition and/or Other Advocacy Groups
There are other national policies that would negatively impact international education and international students that are being considered right now and working in coalition is one way you can stay informed and help further the cause of supporting international education and international students. The U.S. for Success Coalition is one multi-sector effort that aims to foster international student success in the United States through a coordinated national effort working in partnership with the U.S. government, higher education institutions, the business sector, and other key partners to foster supportive federal policies and practices. You can join the U.S. for Success Coalition at https://www.usforsuccess.org/join-us.