Washington, Dec 27: 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.
DHS said the rule is intended to address “shortages in positions requiring highly skilled or highly educated workers while protecting the wages, working conditions, and job opportunities of US workers,” adding that it seeks to prevent what it described as the “continued abuse of the H–1B program to displace and otherwise harm US workers.”
Public comments submitted during the rulemaking process highlighted concerns from employers, startups and academic institutions that H-1B professionals “drive innovation, productivity growth, and entrepreneurship,” and that international students contribute significantly to economic growth. Several commenters warned that limiting access to global talent could undermine startups and small businesses that “cannot compete with the salaries of larger, established companies.”
One comment noted that startups rely on the H-1B program to attract workers with “niche expertise,” and argued that making the program “more expensive and difficult to use” would “limit the growth of US tech innovation and global leadership.”