On December 29, 2025, U.S. Citizenship and Immigration Services (USCIS) published a Final Rule making regulatory changes to the H-1B visa selection process. The Final Rule is expected to take effect with the upcoming lottery registration season (FY2027), which is expected to begin in March 2026.
At this time, USCIS has not issued instructions for this year’s H-1B lottery. USCIS will announce the start of the initial registration period at least 30 days in advance of the start of the registration period.
The new weighted selection process prioritizes higher-skilled and higher-paid foreign workers. The stated rationale for the policy is to better protect American workers’ wages, working conditions, and job opportunities. Under the new system, each H-1B registration will be assigned a weight based on the Dept. of Labor’s Occupational Employment and Wage Statistics (OEWS) wage level corresponding to the proffered wage for the position. The OEWS wage levels range from Level I (entry-level wages) to Level IV (highest wage level). The higher the wage level, the greater probability of selection, as described below:
- Registrations at wage level IV will be entered into the selection pool four times;
- Registrations at wage level III will be entered three times;
- Registrations at wage level II will be entered two times; and
- Registrations at wage level I will be entered once.
Each beneficiary will be counted only once, regardless of how many registrations are submitted on their behalf or how many times the beneficiary is entered into the selection pool. If multiple registrations exist for the same beneficiary at different wage levels, the lowest wage level will be used.
The expected impact of this rule will mean that higher-wage earners will have a higher probability of selection in the lottery. However, it is not expected to entirely preclude from selection beneficiaries offered entry-level wages. USICS predicts that the weighted selection process will reduce the selection probability for Level I wage registrations by approximately 48%, while increasing the selection chances for Levels II, III, and IV by 3%, 55%, and 107%, respectively.
Employers will need to review job descriptions for the positions they intend to sponsor early to confirm accurate SOC codes, wage levels, and worksite details. All information provided during the registration period must match the subsequent petition if selected in the lottery.
Legal challenges to the rule are anticipated. We will provide more information as it becomes available.