in effect
This is a final rule from the Department of Homeland Security that changes how USCIS selects which H-1B visa applications move forward when more applications are received than the annual cap allows. It replaces the existing purely random lottery with a weighted system that gives applicants offering higher wages a greater statistical chance of being selected.
Instead of every application having an equal chance in the lottery, each application is assigned a weight of 1 to 4 based on which of the four federal wage levels (Level I through Level IV) the offered salary meets or exceeds for that job title and work location. Applications at Wage Level IV (the highest) are entered into the selection pool four times; Level III three times; Level II two times; and Level I once. A person with multiple applications filed on their behalf is still only counted once toward the cap if selected. The rule takes effect February 27, 2026 and applies starting with the FY 2027 registration season. The regulatory text itself is unchanged from the proposed rule published September 24, 2025.
U.S. employers sponsoring H-1B workers will face stronger competitive pressure to offer higher salaries, since higher-wage offers carry a meaningfully better chance of clearing the lottery. Foreign workers applying through the H-1B cap — particularly those offered entry-level or lower-wage positions — will have a lower probability of selection than they did under the previous random lottery, while those offered top-of-market wages gain a relative advantage.