Blitz Bureau
NEW DELHI: A new US rule, which changes how H-1B work visas are chosen, could bring strong economic gains over the next 10 years, according to a government watchdog, but may be taking effect faster than the law allows. The rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” changes how the US Citizenship and Immigration Services selects H-1B registrations for visas that are subject to an annual cap set by the Congress.
According to the DHS, the rule introduces a weighted selection system. The department said the new process will generally favour higher-skilled and higher-paid foreign workers.
The DHS also stated the system will continue allowing employers to hire H-1B workers at all wage levels. The goal, the DHS said, is to better align the programme with congressional intent.
The Government Accountability Office (GAO) said the Department of Homeland Security’s new H-1B selection rule is expected to deliver economic benefits of more than $20 billion between 2026 and 2035. The rule is estimated to cost about $303 million to implement over the same period.
At the same time, the GAO flagged a timing issue under US law. “The rule has a stated effective date of February 27, 2026,” the GAO said, noting that this is “less than 60 days from the date of receipt by Congress.” Under the Congressional Review Act, major federal rules generally must wait at least 60 days after publication or receipt by Congress before taking effect, the GAO noted in its report.
The GAO noted the rule was received on December 29, 2025, and published in the Federal Register the same day. The House of Representatives received it on December 29, 2025, while the Senate received it on January 5, 2026.
The H-1B visa programme is the main route for skilled foreign professionals to work in the US and is heavily used by Indian nationals, especially in technology, engineering, and healthcare.
