Daijiworld Media Network - Washington
Washington, Jan 22: A revised US rule governing the selection of H-1B work visas is projected to generate substantial economic benefits over the next decade, but a government watchdog has raised concerns that it may be coming into force sooner than permitted under federal law.
According to the Government Accountability Office (GAO), the Department of Homeland Security’s (DHS) new H-1B selection framework could deliver economic benefits exceeding $20 billion between 2026 and 2035, while costing an estimated $303 million to implement during the same period.
However, the GAO flagged a potential procedural issue related to the rule’s implementation timeline. The regulation is scheduled to take effect on February 27, 2026, which the watchdog noted is less than 60 days after Congress received it. Under the Congressional Review Act, major federal regulations are generally required to observe a minimum 60-day waiting period after being submitted to Congress or published.
The GAO noted that the rule was received by Congress and published in the Federal Register on December 29, 2025. While the House of Representatives received it the same day, the Senate received it on January 5, 2026. The findings have been shared with the leadership of the Senate and House Judiciary Committees, which oversee immigration policy and DHS operations.
Titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions,” the rule introduces a new method for selecting H-1B applications that fall under the annual visa cap set by Congress. Under the revised system, US Citizenship and Immigration Services will use a weighted approach that generally favours higher-skilled and higher-paid foreign workers.
DHS has said the new process will still allow employers to hire H-1B workers across all wage levels, while better aligning the programme with congressional intent. As part of its legal review, the GAO examined DHS’s cost-benefit analysis, which estimated total benefits of about $20.08 billion over ten years and net public benefits of nearly $19.78 billion. The department also projected financial transfers totalling roughly $34.34 billion during the same period.
The GAO noted that DHS concluded the rule would significantly affect a large number of small businesses, prompting the preparation of a final regulatory flexibility analysis. DHS also determined that the rule does not constitute a federal mandate under the Unfunded Mandates Reform Act.
The proposed version of the rule was released in September 2025, and DHS said it received extensive feedback from US workers, employers, law firms, advocacy groups, universities, healthcare providers and industry associations, all of which were reviewed and addressed in the final regulation.
The H-1B visa programme remains the primary pathway for skilled foreign professionals to work in the United States and is widely used by Indian nationals, particularly in technology, engineering and healthcare sectors. As a result, changes to the selection process are being closely watched both in India and among Indian professionals seeking opportunities in the US.