US Moves to Overhaul H-1B Visa Rules, Proposes Weighted Selection System

WASHINGTON, Sept 2025 : Days after President Donald Trump signed a proclamation aimed at tightening the H-1B visa programme, the US Department of Homeland Security (DHS) has announced a proposal to amend existing regulations governing the visa process.

The DHS initiative seeks to replace the current random lottery system with a weighted selection process. Under the new framework, preference would be given to higher-skilled and higher-paid foreign workers, while still allowing opportunities for employers to hire H-1B candidates across all wage levels. The proposal will be subject to a 30-day public comment period before final decisions are made.

The H-1B programme, capped at 85,000 new visas annually, has long been a vital channel for American companies—particularly in the technology and engineering sectors—to employ skilled foreign professionals. Until now, selections were made through a lottery system that critics argued encouraged mass applications and limited fairness.

Last week, Trump signed a proclamation imposing a $100,000 fee on each new H-1B application, part of his broader effort to prioritize American workers. The announcement initially caused confusion, with many fearing that current visa holders could be affected or face hurdles when returning to the United States.

The White House quickly issued a clarification, stressing that the fee is a one-time levy applicable only to new petitions. “It applies only to new visas, not to renewals or current visa holders. It will first come into effect in the upcoming lottery cycle,” a White House official confirmed.

Defending the move, White House spokeswoman Taylor Rogers said the measure is intended to discourage companies from flooding the system with applications. “President Trump promised to put American workers first. This action discourages abuse of the system while ensuring certainty for businesses that genuinely need high-skilled workers,” she said. Trump himself emphasized that the underlying incentive remains to “hire American workers.”

The announcement comes as two senior Indian ministers—External Affairs Minister S Jaishankar and Commerce and Industry Minister Piyush Goyal—engaged in high-level meetings with Trump administration officials in New York on Monday.

Following his discussions with Jaishankar, US Secretary of State Marco Rubio highlighted India’s importance to American strategic and trade interests. “India is of critical value to us, and we welcome its continued engagement on trade,” Rubio said.

Jaishankar echoed the sentiment on social media, noting that the talks covered a wide spectrum of bilateral and global issues. “We agreed on the importance of sustained engagement to make progress on priority areas,” he posted on X.

Meanwhile, Commerce Minister Goyal held discussions with US Trade Representative Jamieson Greer, focusing on ironing out contentious issues in bilateral trade. Sources close to the talks indicated that while challenges remain, both sides are optimistic about concluding an interim agreement soon.

The proposed changes to the H-1B system, coupled with ongoing trade negotiations, highlight Washington’s dual approach of tightening immigration rules while seeking deeper economic engagement with India.