The Department of Homeland Security has finalized a significant change to the H-1B cap selection process. Going forward, USCIS will move away from a purely random lottery and adopt a wage-based weighted selection system. This change directly affects how H-1B registrations are selected and requires employers and foreign professionals to rethink how they approach H-1B planning.
What Has Changed
Under the prior system, once USCIS received more H-1B registrations than available visas, selections were made randomly. Each registration had the same odds, regardless of job level or salary. Under the new rule, the wage level offered for the position now influences selection probability. Registrations tied to higher wage levels will have better odds of being selected than those tied to lower wage levels.
How the Weighted Selection System Works
USCIS will rely on the Department of Labor’s prevailing wage framework when assigning weight to H-1B registrations. In practical terms:
- Higher wage levels receive more weight in the selection process
- Lower wage levels remain eligible but carry lower odds of selection
A senior-level role paid at a higher prevailing wage will therefore have a stronger chance of selection than an entry-level role. This is a shift in probability, not an exclusion of lower-paid positions. Importantly, this rule does not impose a minimum wage requirement and does not eliminate eligibility for entry-level or early-career roles.
When This Takes Effect
The weighted selection model is expected to apply beginning with the FY 2027 H-1B cap season (the lottery for which will be conducted in March 2026). Employers planning future cap registrations should assume this system will govern selection moving forward unless further regulatory changes occur.
What This Means for Employers
A key takeaway is that wage strategy is now a selection factor. Wage levels are no longer just compliance benchmarks. They now play a role in how competitive a registration is in the cap process. Employers should carefully assess:
- Whether the offered wage appropriately reflects job complexity and seniority
- Whether budget allocations align with business priorities for critical roles
- Whether certain positions warrant higher compensation to improve selection odds
1. Job Descriptions Must Match the Wage
Raising wages without aligning job duties can increase compliance risk. The position, level of responsibility, and wage must remain consistent and defensible.
2. Advance Planning Is Essential
Because wage decisions now impact selection probability, employers should plan well before the H-1B registration window opens.
What This Means for Beneficiaries
Compensation now affects selection odds. Foreign professionals should understand that higher compensation can improve the likelihood of selection under the new system.
1. Lower Wage Roles Are Still Viable
Entry-level and lower-wage roles remain eligible for H-1B selection. However, the odds may be lower compared to higher-paid positions.
2. Visa Numbers Have Not Increased
The annual H-1B cap remains unchanged. The rule changes how selections are made, not how many visas are available.
Common Misunderstandings
This is not a points-based system
- No wage level guarantees selection
- Entry-level roles are not banned
- Prevailing wage compliance rules still apply
- The system is probability-based and designed to prioritize higher-paid roles, not to eliminate others.
How Does The Weighted Selection Rule Impact the Lottery?
When a business registers a beneficiary in the H-1B lottery, the chances of selection are heavily influenced by the beneficiary’s official wage level (OEWS). The higher the wage level, the more entries are entered into the lottery, significantly impacting H-1B selection chances. The wage levels are:
- Wage Level I: Entry-level positions – One entry in the selection pool.
- Wage Level II: Qualified workers – Two entries.
- Wage Level III: Experienced workers – Three entries.
- Wage Level IV: Fully competent workers – Four entries.
Under the H-1B weighted selection proposal, selection remains beneficiary-centric. If multiple employers register the same beneficiary at different wage levels, the beneficiary is entered only once in the lottery, and the lowest wage level among the registrations determines the number of weighted entries.
Example
- Company A registers the beneficiary at Wage Level II (2 entries)
- Company B registers the same beneficiary at Wage Level IV (4 entries)
Result: The beneficiary has 2 total entries, not 6. The higher wage level does not add additional entries.
Frequently Asked Questions
Does this mean employers must pay the highest wage to get selected?
No. Higher wages improve odds, but they do not guarantee selection. Employers must still align wages with legitimate job duties and business needs.
Are Wage Level I and II positions still eligible?
Yes. All prevailing wage levels remain eligible. The difference is in selection probability, not eligibility.
Does this change the H-1B filing process itself?
No. The registration and petition process remain the same. What changes is how USCIS selects registrations when demand exceeds supply.
Can employers increase wages just for lottery purposes?
Wages must be defensible, consistent with job duties, and compliant with Department of Labor rules. Artificial wage inflation can create audit and enforcement risks.
Should employers change job titles or roles to fit higher wage levels?
Any changes to job titles, duties, or levels must reflect genuine business needs. Strategic planning is permitted, but misclassification is not.
What should beneficiaries do if their role is lower wage?
Beneficiaries should still pursue registration, but should have realistic expectations and discuss long-term immigration strategy options with counsel.
Why Early Legal Strategy Matters More Than Ever
This change makes H-1B planning more complex and more strategic. Wage determinations, job design, budget planning, and long-term immigration goals are now more closely intertwined. Now is the time to consult qualified immigration attorneys who can help employers and beneficiaries navigate these decisions thoughtfully and lawfully.
The team at VisaNation is here to help employers strategize based on organizational needs, role criticality, and budget allocations, while also advising beneficiaries on how this new system affects their individual prospects and long-term plans. The H-1B system has moved away from pure chance and toward a structure that favors higher-paid and more senior roles. Success under the new framework will depend on early planning, accurate wage alignment, and informed legal strategy.
What This Means for Employers and Applicants
This change will have real strategic implications for workforce planning, job structuring, and wage determinations. Employers that rely on H-1B talent should begin evaluating how offered wages, role seniority, and organizational need will position them under a weighted selection model.
For companies that genuinely need specialized global talent, this marks a shift toward a more merit-based system. For others, it will require a recalibration of expectations and planning well in advance of the registration window.
If you sponsor H-1B employees or plan to do so in the future, now is the time to reassess your strategy.
For more detailed information, please contact our team to discuss how these changes may affect your future filings.
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