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The H-1B cap registration period for the fiscal year 2027 H-1B cap will run from March 4, 2026, at 12:00 p.m. EST to March 19, 2026, at 12:00 p.m. EST. During this period, H-1B cap-subject registrations must be completed using United States Citizenship and Immigration Services (USCIS) online accounts, along with payment of the $215 registration fee for each registration.
USCIS Changes to H-1B Lottery Selection Process
On December 29, 2025, the Department of Homeland Security (DHS) published a Final Rule that amended the regulations governing the H-1B cap selection process. The Final Rule eliminates the random H‑1B lottery and replaces it with a weighted selection system that favors higher‑paid and higher‑skilled H‑1B workers. The Final Rule becomes effective February 27, 2026, and will apply to the upcoming H‑1B lottery season.
Weighted H-1B Lottery Selection
Previously, USCIS conducted a random, beneficiary‑centric lottery if it received more registrations than needed to meet the numerical cap. Each unique beneficiary was entered once, regardless of the number of registrations submitted for that individual. Under the Final Rule, the H‑1B selection process is now based on a weighted, wage‑tiered system using the Department of Labor's Occupational Employment and Wage Statistics (OEWS) wage levels I-IV and location of the H-1B job.
During the H-1B registration process, employers will be required to include the Standard Occupational Classification (SOC) code, area of intended employment, and the highest wage level the offered wage meets or exceeds. The higher the wage level, the greater the number of entries the individual will have in the H-1B lottery. USCIS has also calculated the probability of selection and percentage change under the new rule.1
|
OEWS Wage Level |
Entries |
USCIS Probability of Selection |
Percentage Change in Probability of Selection |
|
Level 1 |
1 |
15.29% |
-48% |
|
Level 2 |
2 |
30.58% |
+3% |
|
Level 3 |
3 |
45.87% |
+55% |
|
Level 4 |
4 |
61.6% |
+107% |
Employers may need to consider raising wages or promoting potential H-1B lottery candidates to improve their selection odds. This year's H‑1B lottery season will require significantly more analysis and strategic planning to ensure the most favorable odds of selection.
Footnote
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
