Death Rattle: US H1B Visa On Merit Basis?

The United States authorities have been amplifying the regulation policies when it comes to issuance of new visas and temporary residency permits. They could be changing up further with a new merit based policy for H1B visa henceforth.

The U.S. government may soon change how H‑1B work visas are given. Currently, visas are selected through a random lottery. But a new proposal suggests choosing applicants based on their salaries instead. This means people who are offered higher-paying jobs could be given priority.

The Department of Homeland Security (DHS) has sent this proposal to the White House for review. The idea was first introduced during Donald Trump’s presidency under the “Buy American, Hire American” policy. It was later canceled by the Biden administration in 2021. Now, it may return in a revised form.

Experts believe this new system could improve the program by selecting more skilled workers. Some studies say it might increase the program’s success by 88%. However, there are concerns that small companies, entry-level workers, or new graduates might be left behind because they usually offer lower salaries.

If approved, this rule could affect H‑1B visa selections starting in 2026 or 2027. The current visa cap for 2026 has already been met, so changes won’t apply immediately. While this system may benefit senior or specialized professionals, many fear it may be unfair to others. The final rule will depend on public feedback and legal reviews.