USCIS Implements New Weighted Selection Rule For H-1B Visas

Overview

The U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have finalized a significant change to the H-1B cap selection process. Effective February 27, 2026, USCIS will replace the longstanding random lottery with a wage-based weighted selection system for cap-subject H-1B registrations filed in the upcoming FY 2027 cycle and beyond.

What Is Changing?

Under the new rule, H-1B registrations will no longer be selected purely at random when the number of registrations exceeds the annual visa cap. Instead, USCIS will enter each unique beneficiary into the selection pool multiple times based on the U.S. DOL wage level associated with the offered job. Higher wage levels will receive greater weight and therefore higher statistical odds of selection:

• Wage Level IV (jobs requiring the highest level of experience involving leadership and recognized expertise) will get 4 entries in the selection pool.
• Wage Level III (senior level roles performing complex duties with significant responsibility) — will get 3 entries in the selection pool.
• Wage Level II (fully qualified, mid-level professionals with some experience and moderate supervision) — will get 2 entries in the selection pool.
• Wage Level I (entry Level involving routine tasks and close supervision) — will get 1 entry in the selection pool.

Each unique beneficiary is counted only once toward cap projections, regardless of how many entries are in the pool.

Key Points:

✅ Rule Effective Date: February 27, 2026 — will apply to the upcoming H-1B registration season expected in March 2026 for the FY 2027 cap.

✅ Statutory Cap Limits Unchanged: Total H-1B visas remain 65,000 regular and 20,000 for U.S. advanced degree holders.

✅ Wage Level Impact: Higher-paid and more skilled positions (Wage Levels III and IV under the Department of Labor's prevailing wage tiers) have a statistically higher chance of selection; lower-wage positions (Level I) have comparatively lower odds.

✅ Required Information at Registration: Employers will be required to include the SOC code, area of intended employment, and the highest wage level the offered wage meets at registration. USCIS is expected to verify these details at a later date.

What This Means for Employers:

Strategic Wage Planning — Employers should evaluate prevailing wage determinations early to confirm the wage level that should be used for registration and avoid potential compliance issues later.

Documentation Readiness — Accurate and defensible job descriptions, wage determinations, and SOC coding will be essential to support the wage level claimed in the registration.

Selection Odds Shift — Employers that traditionally sponsored entry-level roles should be aware of the reduced statistical likelihood of those registrations being selected under the new weighted system.

Cap-Exempt Institutions — Entities exempt from the numerical cap (e.g., institutions of higher education and research nonprofits) remain unaffected by the selection process change.

Practical Next Steps:

Review wage strategies for planned H-1B filings to align with prevailing wage levels.

Coordinate with immigration counsel to prepare accurate registration materials and wage-level justification.

Monitor USCIS announcements for official registration opening dates and any additional guidance.

Consider alternative visa options such as the O-1 or TN visa, STEM OPT extensions or accelerated permanent residence.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.