Visa Lawyer Blog
The U.S. Department of Homeland Security (DHS) has issued a final rule that replaces the longstanding random H‑1B cap lottery with a wage‑level‑based weighted selection system, set to take effect in time for the fiscal year 2027 H‑1B cap season beginning in March 2026.
Under the new rule, beneficiaries registered for the H‑1B cap will be entered into the selection pool with entries weighted according to the wage offered by their prospective employer under the Department of Labor’s four‑level prevailing wage system.
A beneficiary offered a Level 4 wage receives four entries in the selection pool, Level 3 three entries, Level 2 two entries, and Level 1 one entry, giving higher‑wage positions statistically greater odds of selection than lower‑wage positions.
Employers must indicate the appropriate wage level, occupational code, and work location in each registration, and U.S. Citizenship and Immigration Services (USCIS) may deny or revoke petitions if it determines that an incorrect wage level was indicated to unfairly increase selection odds.
The rule is scheduled to take effect 60 days after its December 29 publication in the Federal Register, though it may face court challenges before implementation.
Requirements for Offered Wages
H‑1B cap registrations will reflect the OEWS wage level corresponding to the wage offered to the prospective employee. When submitting a registration, the sponsoring employer must select the highest OEWS wage level that the offered wage meets or exceeds for the relevant occupation in the intended work location.
If the employee will work in multiple locations, the employer must use the lowest applicable OEWS wage level. Additionally, if multiple employers register the same foreign national, that individual will be entered into the H‑1B lottery using the registration with the lowest prevailing wage level.