On January 30, 2026, the United States Citizenship and Immigration Service (USCIS) announced that the FY2027 H-1B registration window will run from 12 noon ET on March 4, 2026 through 12 noon ET on March 19, 2026. Given the changes to how the lottery is run this year, D&S has included some FAQs below to help employers and employees better understand what to expect from this new selection process.
What is changing?
USCIS is replacing the traditional random H-1B lottery with a wage-weighted selection process. Under this new rule, certain registrations are entered into the cap selection pool multiple times based on the wage level offered to the beneficiary.
When does it take effect?
The rule was published in the Federal Register on December 29, 2025 and becomes effective February 27, 2026. It will apply to the FY 2027 H-1B cap season, expected to open in March 2026.
How does the wage weighting work?
Employers must include the beneficiary’s Occupational Employment and Wage Statistics (OEWS) wage level (based on job, location, and offered salary) with each registration. Registrations are then “weighted” as follows:
Level IV: 4 entries
Level III: 3 entries
Level II: 2 entries
Level I: 1 entry
Under this system, Higher Wages = Greater number of entries, Greater entries = higher statistical chance of being selected.
How is the wage level determined?
The employer must determine the highest OEWS wage level that the offered salary equals or exceeds for the position and work location(s). If multiple work locations apply, the lowest applicable wage level controls.
Does this replace the Master’s cap or the separate 20,000 exemption for U.S. advanced degree holders?
No. The 65,000 regular cap and 20,000 U.S. advanced degree exemption structure remain and have been integrated into the weighted system.
Can multiple employers submit registrations for the same employee?
Yes, but if more than one valid registration is submitted for a beneficiary, they number of entries will be dictated by the lowest wage level of all registrations submitted on the beneficiary’s behalf.
For example, if three registrations are submitted for a single beneficiary and the wage paid by Employer A is Level IV, Employer B is Level IV, and Employer C is Level III, the beneficiaries will receive 3 entries into the lottery as dictated by the registration with the lowest wage level (Employer C, Wage Level III).
Can an employee’s bonus be factored into the offered wage?
In some circumstances a guaranteed bonus may count towards the offered wage but this needs to be assessed on a case-by-case basis. In general, discretionary or performance based bonuses do not count towards the offered wage.
Is the wage level on the registration tied to the LCA wage level?
No. The wage level used for cap weighting compares the offered wage to the closest OEWS wage level for purposes of determining the number of lottery entries, only. The wage level listed on the LCA must align with the requirements for the offered position (entry level, qualified, experienced, or fully competent), irrespective of the wage offered to the H-1B employee.
For example, if an entry-level New York City Based Architect is being offered a wage of $150,000 they would receive 4 lottery entries (Level IV Wage for NYC-based Architects are currently $132,080). However, because the position is entry level, the wage level used on the LCA would likely be Level I or II depending on the requirements for the position and regardless of the fact that the offered wage exceeds Level IV.
What if my employer changes my work location or SOC code after I have been accepted in the lottery?
USCIS has indicated that it may accept worksite changes impacting the wage level in its discretion where the employer can demonstrate the registration represented a bona fide job offer at the time of submission and business needs changed following the submission of the registration.
USCIS has not indicated it would exercise similar discretion with a change in SOC codes, indicating that where the SOC code on the H-1B petition does not match the one listed on the registration, the petition will be denied. In light of this, it is critical that employers be thoughtful in selecting an accurate SOC code that also allows for a strong “specialty occupation” argument if the registration is selected.
Will litigation delay this rule?
Legal challenges are possible, but employers should currently plan as though the weighted selection rule will be in place for the FY 2027 lottery.
What should employers do now?
Work with counsel to evaluate offered wages and how they map to OEWS wage levels.
Work with immigration counsel to assign SOC codes, wages, and locations correctly at registration.Anticipate how wage strategy may affect registration success rates (e.g., an SOC that allows for a stronger specialty occupation argument may also result in a lower wage level/fewer entries into the lottery)
The above information is for informational purposes only and should not be construed as or relied upon as legal advice.