New US Visa Rule Could Land in Court – And It's Causing Confusion Over Who Gets In
Washington, D.C. – The US government's announced it's overhauling the H-1B visa system, ditching the old lottery setup for a new wage-based one from February 2026. The idea is to prioritise foreign workers who earn more, but immigration experts reckon it could end up being challenged in court.
What's Changing
Under the new rule, people applying for H-1B visas who earn higher salaries will get preference. Officials say this will protect American workers and make sure only the most skilled people get in.
Why It Might Not Stick
Immigration lawyer Emily Neumann reckons the change might not hold up legally. She points out that Congress set up the H-1B system as a lottery, not a wage competition. Similar attempts to mess with it in the past have been thrown out by judges.
What About the O-1 Visa?
The announcement's also got people asking questions about the O-1 visa, which is meant for people with "extraordinary ability" in things like science, arts, business, and sport.
- Critics say if high wages become the main way to measure skill, the difference between H-1B and O-1 visas gets muddled.
- Smaller companies and start-ups that can't afford to pay top dollar will struggle to hire foreign workers.
- Skilled workers are left scratching their heads about whether to go for the H-1B or O-1 route.
Bigger Problems
Legal experts warn the wage-based system could be challenged as the government overstepping its authority. Economists also reckon it'll hurt younger professionals and make life harder for smaller employers.
Bottom Line
The wage-based H-1B shake-up is a massive shift in US immigration policy. Whilst it's meant to reward higher-paid talent, it risks making the O-1 visa pointless and could face serious pushback in the courts. For now, employers and people trying to get visas are bracing themselves for a lot of uncertainty whilst this all gets sorted.