The White House’s Office of Information and Regulatory Affairs has cleared a proposed rule that may alter the process for allocating H-1B visas for specialty occupation workers, as per the Bloomberg Law.
U.S. Citizenship and Immigration Services (USCIS) has yet to release specifics of the proposal, but it is widely anticipated to revisit a Trump-era idea, prioritizing H-1B selections based on offered wages instead of relying on the existing random lottery.
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Under the existing system, the H-1B program capped at 85,000 visas annually, relies on a random draw to determine which employers can file petitions. The initial proposal, introduced in 2021 by the Department of Homeland Security (DHS), proposed substituting this with a wage-based selection process, categorizing applicants into four levels and prioritizing better-paying jobs. The strategy was based on the “Buy American, Hire American” agenda, intended to direct visas to highly qualified, well-paid foreign professionals.
The Biden administration scrapped the wage-priority rule in 2021 after it faced strong pushback, and federal courts had already struck down earlier efforts to raise minimum pay requirements and narrow the types of jobs eligible for H-1B visas. The recent approval indicates the government might now again be seeking to overhaul the way these visas are allocated.
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The Trump administration took a hard stance on immigration with specific emphasis on employment-based visas like the H-1B. Although the program was initially designed to meet key skill shortages in the U.S. labor force, officials asserted it had been abused by some employers to substitute American employees with cheaper foreign talent. This led to a succession of rule modifications that sought to make it more difficult to qualify for work visas and increase scrutiny. It wasn’t only the H-1B program since the other visa categories also suffered harder rules, such as reduced stays, increased application fees, and additional in-person interviews. These measures made it more costly, slower, and more cumbersome to employers and applicants alike.
All this is part of the “America First” priority, intended to put American workers first and curb immigration programs perceived to reduce wages. Its backers view it as a safeguarding of American jobs, with critics worried it could throttle innovation and damage industries reliant on international talent. In total, the changes reflected the Trump administration’s effort to retool the U.S. immigration system with an objective of guarding American jobs. President Trump has been critical of those living in the U.S. for years and in his second term, he has put forward a tougher scrutiny for green card holders and those who are on the waiting list.