H-1B Lottery Weighted Selection Process

A "weighted selection process" will be implemented by the Department of Homeland Security (DHS) effective February 27, 2026 that will give preference to applications with higher wages and job specialties (i.e., considered more "highly specialized") in the H-1B visa lottery assignment. When this process goes into effect for the cap season, which is scheduled to begin this spring (fiscal year (FY) 2027), USCIS (USCIS) is expected to publish instructions on how to submit registrations under the revised selection process.  

Under this new lottery process, visa applicants (beneficiaries) will be assigned multiple "lottery slots" based on the wage level of the position offered. Wage levels are determined according to the U.S. Department of Labor's Occupational Employment and Wage Statistics (OEWS) classifications and are typically set to reflect the relative job difficulty and level of experience and responsibility of the position in a particular occupation and location. Wage levels are classified from Level I [entry-level and entry-level positions] to Level IV [skilled]).  

The probability of winning increases with the higher wage level, as shown below, due to the allocation of lottery slots in this regulation.  

     ◆ Wage level I : 1 lottery entry 

     ◆ Wage Level II : 2 draw entries 

     ◆ Wage Level III : 3 lottery entries 

     ◆ Wage Level IV(highest skill and wage) : 4 lottery entries 

Each visa applicant will be counted only once, regardless of the number of entries submitted. If multiple registrations exist for the same visa applicant at different wage levels, the lowest wage level will apply.  

This new framework applies to both the regular H-1B quota (65,000 entries) and the special quota for applicants with a U.S. master's degree or higher (the so-called Masters Cap, 20,000 entries).  

Under this rule, applicants will be required to submit additional information during the registration phase of the lottery, including the applicable OEWS wage level, Standard Occupational Classification (SOC) code, and the area in which they plan to work. Applicants must provide evidence to support the wage level reported at the time of registration when submitting their H-1B petition to the Citizenship & Immigration Services Office after their H-1B registration has been selected.

U.S. Citizenship and Immigration Services (USCIS) may deny the application or revoke approval if it determines that the registration information has been changed for the purpose of unreasonably increasing the likelihood of selection, or if it finds inconsistencies between the registration information, the Labor Condition Application (LCA), and the H-1B application.  

This policy change may affect employers' recruitment strategies, particularly with respect to candidates in Wage Level I (Elementary and Entry Level), which may decrease their chances of being selected. In order to increase the probability of selection, employers may move to offer higher wages, which may result in higher labor costs for employers and a revision of their hiring policies. Therefore, it will be important for both employers and visa applicants to plan their H-1B visa lottery registration strategies for the current fiscal year well in advance of time.  

DHS has indicated that it intends to implement this rule beginning in FY2027, but there is a possibility that this rule may be challenged in federal court in the future, which could delay its implementation. The Firm will continue to update the latest information.