DHS's final rule introduced weighted selection for cap-subject H-1B registrations, beginning with the FY 2027 registration season.
DHS published a final rule on December 29, 2025 introducing a weighted process for selecting cap-subject H-1B registrations. The rule became effective on February 27, 2026 for the FY 2027 registration season. It changes an important assumption behind employer planning: selection should no longer be described as an equal-chance process for all registered beneficiaries.
The rule generally favors higher wage levels while retaining selection opportunities across wage levels. The classification of the offered position and the accuracy of registration information therefore deserve careful attention. Employers should use the instructions applicable to the relevant season and ensure the information submitted reflects the actual position being offered.
The change concerns selection for the opportunity to file. It does not remove the requirement to establish specialty-occupation eligibility, the beneficiary's qualifications, or the other conditions for H-1B classification. Nor does it turn a selected registration into work authorization or an approved petition.
For planning, employers should assess the role and candidate before registration, identify the records needed for a later petition, and distinguish government requirements from internal hiring targets. Cap-exempt options or other classifications may require separate analysis where the facts support them.
Elementa Law's approach is to begin with eligibility and the genuine employment arrangement, then apply the current registration rules. Any filing strategy must reflect the instructions and legal position in effect for the relevant season.