Over the past year, a sweep of U.S. immigration policy changes has raised questions and new considerations for employers that have foreign talent as part of their workforces. Effectively navigating these changes is essential for retaining, hiring and onboarding foreign personnel.
January saw two significant changes:
- A pause on immigrant visa issuance for nationals from 75 countries
- a new weighted selection for the annual H-1B work visa lottery that prioritizes higher-skilled and higher-paid workers.
Key details in these changes are particularly important for U.S. employers to understand.
While the pause on immigrant visa issuance for nationals of 75 countries is expected to cause delays for nationals from these countries who are outside of the U.S., it is not expected to delay processes for nationals from these countries who are inside of the U.S. Employees or prospective employees from these 75 countries who are inside of the U.S. on a temporary visa or applying for a green card from within the U.S. will not be delayed by this pause.
The pause applies only to applicants outside the U.S. pursuing green cards through the U.S. consular posts in these 75 countries. Additionally, the pause only delays the issuance of immigrant visas. Although the term “immigrant visa” appears to be quite broad, it is a highly specific type of visa for permanent U.S. immigration. It does not include the various types of temporary U.S. work visas or U.S. visitor visas. It is also important to note that applicants who hold dual citizenship in a country not on the list of 75 are exempt from the pause.
The limited scope of this pause is critical for U.S. employers to note, especially if they employ nationals from one or several of the 75 countries listed below:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen
A new approach to the H-1B work visa lottery
Examining changes that do affect processes inside the U.S., the new weighted selection for the annual H-1B work visa lottery, which prioritizes higher-skilled and higher-paid workers, has also raised questions from employers in various industries throughout the country. The H-1B work visa is the most common type of temporary U.S. work visa. A large number of U.S. employers use H-1B visas to employ foreign personnel. Due to the high demand for H-1B visas exceeding the annual government quotas, the government runs a lottery each March for new H-1B visas. Those familiar with the lottery know well how competitive it is, and how random. The “random selection” has long been a hallmark of the annual H-1B visa lottery—until now.
Days before the start of 2026, the U.S. Department of Homeland Security announced it would change the selection process in the annual H-1B visa lottery. It will no longer be random. The likelihood of selection will now be directly influenced by the wage offered to the employee or prospective employee whom the U.S. employer is registering in the lottery. The higher the wage, the more likely the registration will be selected.
Specifically, each H-1B registrant will receive a number of lottery entries, for random selection, based on the applicable wage level of their offered salary. For example, an H-1B registrant with an offered salary at wage level II for the specific U.S. Department of Labor occupational classification that corresponds with their employment will be entered into the lottery for possible selection twice. There is a maximum of four wage levels for each Department of Labor occupational classification. If an H-1B registrant in multiple locations and the offered salary falls at different wage levels in the different locations, the H-1B registrant must select the lowest applicable wage level corresponding to the offered salary. Note, however, that each registrant will be counted only once for purposes of filling the relevant quota.
This change has sparked proactive responses from U.S. employers. With guidance from experienced immigration legal counsel, employers are thoughtfully analyzing the Department of Labor occupational classifications that align with their employee or prospective employee’s role and determining the applicable wage level of the offered wage under each occupational classification, weighing in other necessary considerations such as internal compensation structures.
The results of the annual H-1B visa lottery are expected to be quite different this year. The new weighted selection is yet another example of how U.S. immigration policy changes become part of the discussion on strategically building and retaining a high-performing workforce made up of domestic and foreign talent.
Immigration changes will continue to make headlines and require U.S. employers to unpack, understand and navigate the changes.
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