USCIS will no longer run the H-1B lottery as a purely random process. Starting February 27 this year, just in time for the March 2026 registration window, the agency will introduce a wage-weighted selection system that prioritizes higher wage levels.
Are you an employer planning to register this March? Your cap-subject registrations will be weighted based on the wage level tied to each job. If you pay more, your registration has a better chance of being selected.
The stated aim is to bring the H-1B program closer to its intended purpose of facilitating access to highly skilled, well-paid talent while still allowing lower wage levels to remain in the pool.
Your H-1B visa lawyer in NYC can sit down with you to clarify what USCIS expects from your registration this year, as well as guide you through wage-level analysis and SOC code selection.
At a glance: What are the 5 key changes to the H 1B visa selection system?
- Selection will now depend on the wage level tied to the role you’re registering. Higher wages carry better odds, which means that your compensation strategy will now directly affect whether your candidate is selected in the lottery.
- USCIS will assign multiple entries to the same candidate based on wage level. A Level III or IV role receives more chances in the selection pool than a Level I role.
- As an employer, you will now have to finalize key job details at the time of registration —SOC code, worksite location, and wage level included. There’s no room to defer decisions. USCIS will expect those inputs to reflect the actual role, so you need to evaluate the job and its labor market position before you register.
- USCIS has built in guardrails to block strategic maneuvering. If you submit multiple registrations for the same beneficiary, USCIS will apply the lowest wage level across them. And if the job spans several locations, you’ll have to use the wage level tied to the lowest-paying worksite. Submitting extra registrations or pointing to higher-paying locations won’t improve that candidate’s odds of being selected.
- Finally, the wage level you select at registration will carry forward. USCIS expects the Labor Condition Application (LCA) and the petition to match what you submitted earlier. If USCIS suspects you altered job details after registration — like increasing the wage level or changing the worksite to make the petition look stronger than what you originally submitted — they may scrutinize your case more closely. And if they believe the changes were made to game the system, they can deny the petition or revoke an approval.
The USCIS will start applying wage-level weighting
USCIS will now use the job’s wage level—determined by its SOC code and worksite location—to decide how many entries each registration gets. Higher-paying roles receive more entries in the lottery, which gives them a better chance of being selected:
Wage Level I = 1 entry
Wage Level II = 2 entries
Wage Level III = 3 entries
Wage Level IV = 4 entries
This means if your role qualifies at Level III or IV, your candidate’s chances improve dramatically.
USCIS will only count each candidate once toward the annual cap, no matter how many registrations you submit for them. If you file multiple entries for the same person, USCIS will assign them the lowest wage level from all submissions. You can’t improve their chances by entering them multiple times and selecting the highest-paying version later.
There isn’t a single nationwide dollar range that defines Wage Levels I to IV because the actual wage amounts vary by occupation and geographic area. What you’ll pay (or need to pay) depends entirely on the job you’re registering for and where it’s based. USCIS uses data from the Department of Labor’s Occupational Employment and Wage Statistics to define wage levels for each role in each location. You’ll have to look up the exact wage thresholds based on your candidate’s SOC code and intended worksite to know where your position falls.
If you’re working with an H-1B visa lawyer in NYC, they can help you:
- Confirm the correct SOC code based on the job duties
- Pull the accurate wage levels for that role in the NYC metro area
- Ensure that your offered wage meets or exceeds the selected wage level
You’ll need to report wage data at registration
As an employer, you’re now required to declare the wage level during the registration process. If your job spans multiple locations, you’ll have to use the lowest applicable wage level. DHS built this in as a guardrail to stop strategic “papering” of higher-paying sites just to boost selection odds.
Once you submit, the wage level is locked — you cannot revise it later. USCIS expects your LCA and full H-1B petition to reflect the same wage level you used during registration. If you change that information after selection in a way that looks like you were trying to boost your chances, USCIS may flag the case for additional review. They may also deny the petition or revoke an approval.
High-paying employers gain an advantage
The new system will work in your favor if you’re offering salaries at Level III or IV. These roles get more entries in the selection pool, giving you a statistical edge, especially in sectors like tech and finance, where wages tend to run high in cities like New York. Level I and II roles are still eligible, but when there are more registrations than slots, jobs tied to higher wages get more entries, which makes them more likely to be selected.
If you’re not certain how USCIS will classify the job or whether your salary meets the required threshold, take the time to verify those details before you register. Your H-1B visa lawyer in NYC can help you.
H-1B prep now requires labor market planning
Employers must prepare earlier and more carefully for the FY2027 lottery. Before you register, confirm your SOC code and worksite. Know your wage level and what it means for your selection odds. Make sure your pay aligns with the responsibilities you’ve outlined internally.
Quick reference: New H-1B visa selection system starting February 27, 2026
Selection method
The lottery is no longer random. USCIS will assign more entries to higher-wage roles based on OEWS wage levels.
Entry distribution by wage level
Level I = 1 entry
Level II = 2 entries
Level III = 3 entries
Level IV = 4 entries
Anti-gaming rule
The wage level you submit in registration must match what you include in your LCA and petition. USCIS may deny or revoke petitions that look inconsistent.
If you submit multiple registrations for the same person, USCIS uses the lowest wage level submitted.
Cap exemptions
Universities, nonprofits, and qualifying research institutions can file outside the cap year-round.
Legal challenges could still arise
So far, no lawsuits have been filed to challenge the new wage-weighted H-1B selection process. But that may change. DHS followed proper procedure under the Administrative Procedure Act. They published a proposed rule in September 2025 and reviewed thousands of public comments, and then finalized the rule through the standard notice-and-comment process.
Still, DHS acknowledged in the final rule that legal challenges remain a possibility. If you’re preparing for the FY2027 H-1B season, keep an eye on this.
The rule takes effect February 27, 2026, unless a court intervenes before then.
Need a strategy check?
If you plan to register for this year’s cap and are not sure how your wage levels or job descriptions will impact selection odds, talk to a knowledgeable H-1B visa lawyer in NYC.
Our team at Berd & Klauss, PLLC, focuses on employment-based immigration strategy. Call 212-461-7152 or email info@berdklauss.com. You can also use this form.
FAQs for employers preparing H-1B filings
What kind of jobs qualify for H-1B visas?
Specialty occupations that require at least a bachelor’s degree in a specific field, including roles in IT, engineering, math, architecture, medicine, education, finance, law, and more. Fashion models of distinguished merit also qualify under separate criteria. You must pay the prevailing wage based on job duties and geographic location.
Why is there a lottery?
Congress limits new H-1Bs to 65,000 for candidates with a bachelor’s degree or higher from any accredited university and an extra 20,000 for those with advanced degrees from US institutions (a total of 85,000 annually). When there are more H-1B registrations than available spots, USCIS uses a lottery to decide which employers are allowed to submit full petitions.
What will change in the H-1B visa selection system in 2026?
Until now, the lottery was random. Starting in March 2026, USCIS will weigh registrations by wage level, with higher-paid roles getting better odds.
What information do I need to register a candidate?
You’ll need your company’s basic details and the candidate’s full name, date of birth, country of origin, and passport number. USCIS requires a valid passport at the time of registration. You will also need to declare the SOC code and wage level, along with the intended work location.
