USCIS Finalizes New Weighted Selection Process for H‑1B Cap Cases- What Employers Need to Know
The U.S. Department of Homeland Security (DHS) has published a significant final rule that restructures the process by which U.S. Citizenship and Immigration Services (USCIS) selects H‑1B registrations for cap‑subject petitions. The rule, “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap‑Subject H‑1B Petitions,” will take effect for the FY 2027 H‑1B registration season.
The upcoming FY 2027 H‑1B cap registration period will take place between March 4, 2026, at 12pm ET through March 19, 2026, at 12pm ET.
The H-1B Lottery is No Longer Random
DHS is replacing the long‑standing random selection process with a weighted, wage‑level–based system. Registrations for beneficiaries will now receive weighting based on the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) wage levels associated with the offered position. Higher wage levels will receive greater weighting in the selection process.
This system gives beneficiaries more entries in the lottery depending on the prevailing wage level associated with their offered salary:
Wage Level I → 1 entry
Wage Level II → 2 entries
Wage Level III → 3 entries
Wage Level IV → 4 entries
In simple terms, higher‑paid roles now have better odds of being selected, though all wage levels remain eligible.
H‑1B Cap Structure Remains the Same
The annual numerical limits remain in place: 65,000 regular cap visas and 20,000 advanced‑degree exemptions. USCIS will conduct its two‑stage selection process as before—first selecting from all applicants for the regular cap, then selecting the remainder needed to meet the advanced‑degree quota.
New Employer Responsibilities
Under the new system, employers must now provide the following at the time of registration:
The highest OEWS wage level that the offered salary meets or exceeds
Job location(s)
The Standard Occupational Classification (SOC) code for the position
Accurate information is essential, as it directly affects weighting and thus the likelihood of selection.
Multiple Registrations & Anti‑Gaming Protections
If multiple employers submit registrations for the same beneficiary, USCIS will assign the lowest applicable wage level among those submissions—preventing “wage shopping” for more entries.
Additional Considerations
A new $100,000 fee may apply to certain petitions filed for beneficiaries outside the United States, though this fee does not apply to change‑of‑status cases (e.g., F‑1/OPT to H‑1B). Employers should plan early to determine if this fee could impact their cases.
What This Means for Employers
The updated selection model rewards higher salaries and more advanced skill sets, making strategic compensation planning more important. Employers seeking to sponsor H‑1B candidates—especially at lower wage levels—should prepare for increased competition and consider how job structure, wage offerings, and role classification may affect selection odds. At the same time, DHS emphasizes that opportunities remain for employers across all wage levels.
Please contact AZROS law if you would like help preparing for the FY 2027 H‑1B registration period or evaluating the impact of the weighted selection model on your workforce planning.