US changes H-1B selection rules amid concerns over wage, registration manipulation

Washington: The US government has cited concerns over manipulation and abuse within the H-1B visa system as a key reason behind its decision to change how visas are selected each year.

In a federal notification issued this week, the Department of Homeland Security said the revisions were necessary to strengthen “process integrity” and preserve fairness in the cap-subject H-1B programme.

What triggered the government’s action?

According to the notification, the new rules respond to several practices that raised concerns during recent filing cycles. These include wage manipulation, inconsistent job information, and the submission of multiple registrations linked to related entities.

The DHS said it was making a strong case that the amendments are designed to reduce incentives for employers to game the system and to ensure that selections reflect genuine job offers rather than strategic filings.

How does wage manipulation factor in?

One concern raised in public comments involved the possibility of employers inflating wages on paper in order to improve their chances of selection.

The DHS said the rule includes safeguards to discourage such behaviour and to promote consistency between the information submitted during registration and the final petition.

What about job location concerns?

The department also highlighted risks linked to job location manipulation. Some commenters warned that employers could list higher-paying locations at the registration stage, while planning to place workers elsewhere later.

According to the DHS, such practices threaten the credibility of the system.

To address this, the department said it would focus on ensuring consistency between the registration details and the full petition, including job duties, wage levels, and work locations.

How are multiple registrations being addressed?

Another issue raised involved the use of multiple registrations for the same worker.

The DHS said this related to situations where separate entities filed registrations for a single beneficiary, distorting selection outcomes and weakening trust in the process.

The final rule reinforces certification requirements and outlines consequences for inaccurate or misleading filings. The department said these measures are intended to deter abuse and reduce unnecessary strain on adjudication resources.

Are job classifications also under scrutiny?

The department also addressed concerns related to manipulation of job classifications under the Standard Occupational Classification system.

Several commenters warned that employers could strategically select job codes to justify higher wages without demonstrating real job duties, according to the federal notification.

What does the government say the rule will achieve?

The DHS said the rule is intended to provide a clearer legal standard and reduce ambiguity, helping both employers and regulators better understand compliance expectations.

It also noted that the changes are limited to existing H-1B regulations and do not introduce new environmental, tribal, or federalism impacts that would require additional review.

The department maintained that the revised process would improve transparency while preserving access to high-skilled workers.

Why is the H-1B programme under continued scrutiny?

The H-1B programme, which is capped annually by Congress, has faced repeated scrutiny over fraud, fairness, and enforcement as demand for visas continues to far exceed supply.

US immigration authorities have increasingly relied on regulatory changes rather than legislation to address weaknesses in the system, particularly as broader immigration reforms remain stalled on Capitol Hill.

(With agency inputs)