United States | DHS to publish final rule implementing weighted H‑1B cap selection process Dec. 29

The Department of Homeland Security posted the final rule on “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions” on Dec. 23 for public inspection. The final rule is scheduled to be published in the Federal Register on Dec. 29, 2025, and is expected to take effect on Feb. 27, 2026 (60 days after the final rule’s scheduled publication date).

Key Points:

• In September, DHS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to amend certain regulations governing the U.S. Citizenship and Immigration Services process for H-1B registration selection during the annual cap lottery.
• According to the public inspection notice, DHS “is implementing a weighted selection process that will generally favor the allocation of H-1B visas to higher-skilled and higher-paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the congressional intent for the H-1B program. This rule will be effective in time for the FY 2027 registration season.”
• The notice states that “following consideration of all public comments received on the NPRM, DHS is issuing this final rule as proposed in the NPRM, without modifications to the regulatory text.”

Additional Information: BAL will continue to monitor related developments and implementation and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.