# DHS Overhauls H-1B Lottery: Higher Pay Now Means Better Odds Starting FY2027 > The H-1B lottery is no longer truly random. Starting with the FY2027 registration season, DHS will give higher-paid applicants better odds of selection — meaning your salary level could determine whether you even get a shot at the cap. Here's exactly how the new weighted system works and what it means for workers and employers. Canonical URL: https://thevisapulse.com/updates/uscis-h1b-weighted-wage-selection-fy2027 ## At a glance - **Policy status:** Status unverified - **Last verified:** Not recorded - **Human review:** No human review recorded - **Published:** 2025-12-29 - **Effective:** 2026-02-27 - **Impact:** high - **Document type:** Final Rule - **Source agency:** Department of Homeland Security - **Document number:** 2025-23853 - **Visa types:** H-1B Publication dates and impact ratings do not establish whether a policy is in force. Verify current status against the linked government evidence. See /about for our editorial process. ## Who is affected - H-1B cap-subject petitioners at all wage levels - U.S. employers sponsoring H-1B workers - Entry-level and early-career H-1B candidates (Level I and II wages) - International students on OPT seeking H-1B sponsorship - Employers in healthcare, academia, nonprofits, and startups ## Key changes - USCIS will replace the random H-1B lottery with a weighted selection system based on OEWS wage levels (I–IV) - Level IV wage registrations enter the selection pool 4 times; Level I registrations enter only once - The beneficiary-centric framework is preserved — each unique worker still counts once toward the numerical cap - The rule applies to all FY2027 registrations submitted on or after February 27, 2026 - Unlike the vacated 2021 rule, all wage levels retain some chance of selection under the new weighted approach ## What you should do Workers should verify their OEWS wage level with their employer and immigration attorney before the FY2027 registration window opens. Employers should reassess compensation strategies for H-1B roles — offering a higher wage level directly increases selection odds under the new system. ## The H-1B lottery just got a major overhaul — and your salary is now your ticket The Department of Homeland Security published a final rule on December 29, 2025 that fundamentally changes how USCIS selects H-1B registrations. Instead of a purely random lottery, USCIS will now use a **weighted selection system** that gives candidates with higher salaries — relative to their occupation and location — significantly better odds of being picked. The rule takes effect February 27, 2026, just in time for the FY2027 cap season registration window. ## At a Glance - **What:** USCIS replaces the random H-1B lottery with a weighted system that favors higher-wage registrations - **Who:** All H-1B cap-subject petitioners and their employers, including those seeking the advanced degree (master's cap) exemption - **When:** Effective February 27, 2026; applies to all registrations submitted on or after that date for the FY2027 season - **Impact:** Workers offered Level IV wages get 4× the selection chances of Level I workers — dramatically shifting who gets selected ## How the new weighting system works The core mechanic is straightforward: each registration is assigned a weight based on the OEWS (Occupational Employment and Wage Statistics) wage level the offered salary meets or exceeds for that specific job title and geographic area. That weight determines how many times your registration enters the selection pool: - **Wage Level IV** (highest): enters the pool **4 times** - **Wage Level III:** enters the pool **3 times** - **Wage Level II:** enters the pool **2 times** - **Wage Level I** (entry-level): enters the pool **1 time** Importantly, each unique beneficiary (the individual worker) is still only counted **once** toward the numerical cap — the weighting only affects selection odds, not how the cap is calculated. The existing beneficiary-centric framework (where multiple registrations from different employers for the same person don't multiply their cap count) remains intact. ## Why is DHS making this change? DHS argues the pure random lottery doesn't align with Congress's original intent for the H-1B program: to fill positions requiring **highly skilled** workers. Because demand for H-1B visas has far exceeded the 65,000 (plus 20,000 master's cap) annual supply for over a decade, USCIS has been selecting lower-wage, entry-level positions at the same rate as highly specialized senior roles. This rule attempts to fix that. This isn't DHS's first attempt at wage-based selection. A 2021 rule would have **ranked** registrations by wage and effectively excluded Level I and most Level II workers entirely. That rule was vacated by a federal court and later withdrawn. This new approach uses **weighting instead of strict ranking**, preserving at least some opportunity for every wage level to be selected — a deliberate compromise. ## What this means in practice If you're a recent graduate or entry-level worker being sponsored at a Level I or II salary, your odds of selection drop significantly compared to the current random system. An employer offering a Level IV salary gets four times the selection chances of one offering Level I for the same occupation. Over time, this will likely push employers to offer higher starting salaries for H-1B roles — or face lower selection odds for their candidates. For employers, this creates both pressure and strategy. Companies that can afford to pay top-of-market salaries gain a structural lottery advantage. Small businesses, nonprofits, startups, and sectors like healthcare and academia — where wages may be constrained — could find the lottery increasingly stacked against them. ## What You Should Do **If you're a worker:** Talk to your employer now about what wage level your prospective H-1B offer falls under. Ask your immigration attorney to calculate your OEWS wage level for your SOC code and work location — this directly determines your selection odds for FY2027. **If you're an employer:** Review your compensation strategy for H-1B roles before the FY2027 registration window opens. If you can offer a higher wage level without compromising business needs, doing so will meaningfully improve selection chances. Consult legal counsel on how to accurately document the correct SOC code and wage level — mismatches between registration and petition could trigger compliance issues. **For everyone:** This rule is final — no public comment period remains. The FY2027 registration season will be the first under this new system. Plan accordingly. ## Sources - Government source · federalregister.gov: https://www.federalregister.gov/documents/2025/12/29/2025-23853/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b - Source PDF: https://www.govinfo.gov/content/pkg/FR-2025-12-29/pdf/2025-23853.pdf --- _The Visa Pulse — Immigration Policy, Explained. 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