Adjustment of Status Faces Higher Scrutiny
AOS is discretionary, not a substitute for standard immigrant visa processing
09/06/2026
The U.S. government recently announced changes to the H-1B visa program, which allows foreign professionals to work in specialty occupations in the country. Starting February 27, the annual H-1B lottery system will be replaced with a new selection process that gives greater weight to higher-paid positions.
Under the new system, the 85,000 H-1B visa slots—including 20,000 reserved for workers with at least a master’s degree—will be allocated based on wage levels rather than a purely random lottery. Applicants assigned to the highest wage level will have four entries in the selection pool, while those in lower wage levels will have fewer entries, ranging from one to three.
Officials said the goal of the update is to encourage petitions for higher-skilled, higher-paid positions, while still maintaining fairness across industries.
The rule builds on draft regulations released earlier and aims to refine the process used to prioritize applicants. Wage levels are determined based on experience and role within a field rather than exact pay, ensuring that the system considers both skill and position.
This change will affect the upcoming spring H-1B visa cycle, providing a new framework for employers and applicants navigating the program.
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