DHS Issues Final Rule on H-1B Cap Selection Process 

Today, December 23, 2025, the U.S. Department of Homeland Security released a copy of the final rule to be published in the Federal Register on December 29, 2025. The final rule implements a weighted selection process that will generally favor the allocation of H-1B visas to higher-skilled and higher-paid individuals. The final rule is effective February 27, 2026, and will be in place for the FY 2027 H-1B cap registration season. 

Per the new rule, registrants will have to select the Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary’s proffered wage will equal or exceed for the relevant Standard Occupational Classification (SOC) code for the proffered position and the area of intended employment. Registrations for unique beneficiaries or petitions assigned wage level IV will be entered into the selection pool four times, those assigned wage level III will be entered into the selection pool three times, those assigned wage level II would be entered into the selection pool two times, and those assigned wage level I will be entered into the selection pool one time. The final rule also allows USCIS to deny a subsequent new or amended petition or revoke an approved petition if it determines that the filing of the new or amended petition was part of the petitioner’s attempt to unfairly increase odds of selection during the registration selection process. 

Diversity Visa Program On Hold After Brown University and MIT Shootings 

In the wake of the Brown University shooting, allegedly committed by a Diversity Visa (DV) green card holder, the Trump administration announced it would be pausing the Diversity Visa Program. On December 19, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum placing an immediate hold on all adjustment of status (Form I-485), ancillary benefits (Forms I-131 and I-765), and associated waiver (Forms I-601 and I-212) applications for adjustment of status applicants filed under the Diversity Visa Program. Form I-824 (Application for Action on an Approved Application or Petition) is also included in the hold for DV applicants. In addition, the memo directs a comprehensive review of program policies and procedures, including the potential for interviews of DV applicants. Given the time-sensitive nature of the DV program, where the immigrant visa or green card status must be obtained by the end of each fiscal year, any delays in the processing of visas under this program could be devastating for applicants. 

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