According to Bloomberg Law News, the White House approved a new regulation that would set H-1B petitions within the yearly cap on salary rather than through a random lottery. The news report stated that the rule, cleared on August 8, had not yet been released.

The H-1B programme had an annual cap of 85,000 visas. Each spring, a lottery was conducted to choose applicants for this visa, which was particularly sought after by IT professionals.

This was a reinstatement of the 2021 rule that had been pulled back by the Joe Biden administration following fierce resistance. Back then, the Department of Homeland Security said H-1B visas ought to be awarded based on the salaries of registered candidates instead of by lottery. Although the majority felt the lottery provided all the candidates with an equal opportunity, the new rule was meant to lure more skilled workers.

A number of court decisions have also prevented any alteration of the H-1B programme on a wage basis.

The new system, likely to be announced shortly, would totally transform the way the H-1B visas are distributed. This would open more opportunities for STEM workers than for those in other occupations. Even within STEM, though, candidates with lower levels of wages may not find jobs in the US.

The shift could also curb chances for international students and beginners, as firms and institutions may not qualify under the high-wage requirement.

Statistics revealed that Indians were the highest number applying for H-1B visas. According to a Business Standard report, between October 2022 and September 2023, 70 per cent of successful applicants were Indians. The Chinese were in second place, at a success rate of 12 per cent.