A recent USCIS announcement titled “DHS changes process for awarding H-1B work visas to better protect American workers” has generated confusion across immigrant communities, employers, and online forums.

Some coverage suggests the H-1B program is now fully wage-based or dramatically restructured. That interpretation is inaccurate.

Below is a clear breakdown of what actually changed — and what did not.

What Actually Changed

1. The H-1B selection process is now employer-centric, not beneficiary-centric

Previously, multiple employers could submit registrations for the same individual, increasing the person’s odds of selection. Under the updated rule, each beneficiary can only be counted once, regardless of how many employers submit registrations.

This change is intended to:

• reduce gaming of the system
• prevent duplicate lottery advantages
• restore fairness to the random selection process

This rule is already in effect.

2. USCIS clarified definitions around specialty occupation

The rule tightens how USCIS evaluates whether a role qualifies as a “specialty occupation,” focusing on:

• job duties
• relevance of degree field
• consistency between the role and required education

This is a clarification, not a new restriction — but it gives adjudicators more structure.

3. USCIS strengthened its authority to request evidence

Officers are now explicitly empowered to:

• request more documentation
• scrutinize third-party placements
• review employer-employee relationships

Again, this is not new behavior — but it is now codified.

What Did Not Change

Based on our review of the final rule, USCIS guidance, and publicly available information, the following elements of the H-1B process have not changed under this update:

❌ The H-1B lottery is NOT wage-based (yet)
Despite frequent claims, the H-1B selection process remains random. A wage-based system was proposed in prior years, but it is not part of the current rule and is not in effect.

❌ Large employers were not ‘favored’ overnight
Selection odds are no longer inflated by multiple registrations — but employer size alone does not determine outcomes.

❌ This is not a new administration policy shift
Elements of this rule have been discussed for years across administrations. What changed is implementation, not intent.

Why This Announcement Caused Confusion
USCIS press releases often combine finalized changes, policy clarifications, enforcement language, and forward-looking goals in a single announcement.

Some media coverage interprets this bundled language as immediate, sweeping change, when in reality only specific procedural elements are newly in effect, while others reflect existing practice or future intent.

What You Should Read Next

This article explains what changed at a system level. If you want to understand what this means for you personally — as an applicant, student, or employer, read our companion piece:

👉 New H-1B Selection Rules: What This Means for Applicants, Employers, and Students

Sources: DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers