H1B Wage-Based Selection: How the Weighted Lottery Rule Works

By Sumit Patel · Last updated October 28, 2026

H1B wage-based selection is in effect: since the FY2027 cap season, each registration enters the random lottery one to four times depending on the DOL wage level of the job offer. DHS projects selection odds of about 61% for a Level IV registration and 15% for Level I, under a final rule that took effect February 27, 2026.

What changed in the H-1B lottery?

Before FY2027 every unique beneficiary had one entry, so a Level I and a Level IV offer had the same chance. For FY2026, the last year of that system, USCIS selected 120,141 of 343,981 eligible registrations, about 34.9%, according to the USCIS registration page.

The new rule keeps the draw random but weights it. In the rule's words, the process will "favor the allocation of H-1B visas to higher-skilled and higher-paid aliens" while employers can still hire at every wage level. DHS estimates the rule affects about 17,069 small entities a year that file cap-subject petitions, with a significant economic impact on 5,193 of them, per its small entity compliance guide.

How does wage-based selection work?

1. Pick the wage level. The employer finds the highest OEWS wage level that the offered wage equals or exceeds for the job's SOC code and area, using the DOL OFLC Wage Search.
2. Register. The registration lists that wage level, the SOC code and the area of intended employment.
3. Enter the draw. USCIS enters each unique beneficiary four, three, two or one times by level. A person counts once toward the cap however many entries or registrations they have.
4. Select in two rounds. USCIS first selects toward the 65,000 regular cap from everyone, then selects for the 20,000 master's exemption among eligible registrations not yet chosen. Both rounds are weighted.
5. File the petition. The I-129 must repeat the registration information and include evidence of the wage level chosen.

Odds: DHS projections in the final rule (15.29%, 30.58%, 45.87%, 61.16%), modeled on past registrations; a purely random draw would give about 29.59%. Detail by level and role: wage-weighted lottery odds by level.

Which wage level does a registration get?

• The offered wage decides it, not the job title: the highest OEWS level the wage meets for that SOC code and area. A well-paid entry-level offer can register above Level I.
• Several worksites: use the lowest level the wage meets across all areas, or across all positions if an agent files (8 CFR 214.2(h)(8)(iii)(A)(4)(i)).
• Below Level I or no OEWS data: wages set from a union agreement or private survey that fall below Level I are grouped with Level I, one entry. Where OEWS data is missing, the registrant follows DOL prevailing wage guidance.
• Check the levels for your job with the H-1B wage level calculator or read how the four levels work in prevailing wage levels explained.

What must employers prove at the petition stage?

The registrant attests, under penalty of perjury, that the beneficiary is offered a salary at or above the wage level selected, that the job offer is real, and that it has not colluded with others to increase the chance of selection. The petition must include evidence of the level chosen; USCIS gives a printout from the DOL wage search as of the registration date as an example.

If the registration was inaccurate or not true and correct, USCIS may deny the petition or revoke an approval (8 CFR 214.2(h)(10)(ii)) and may refer the case to law enforcement. Registering several times through related employers does not help: since FY2025 USCIS selects by unique beneficiary, see multiple H-1B registrations.

Who gains and who loses under the rule?

Offers at Level III and IV gain the most: DHS projects 46% and 61% selection odds, up from about 30% under a random draw. Level II stays close to the old odds at 31%, and Level I roughly halves to 15%.

Cap-exempt employers, such as universities and their affiliated nonprofits, are not in the lottery at all; see the cap-exempt employers list. Other routes around the lottery are covered in H-1B lottery alternatives.

How is this different from the 2021 wage rule?

The 2021 H-1B Selection Final Rule (86 FR 1676) would have ranked registrations and selected the highest wage levels first, which DHS expected to leave Level I registrations largely unselected. A federal court vacated it and DHS withdrew it. The 2025 rule instead keeps every level in one random draw and changes only the number of entries, according to DHS's discussion of prior rulemaking in the final rule.

How do I estimate my own chances?

Start from your wage level, then plan for more than one cycle if your status allows it. The H-1B lottery odds calculator applies the DHS projections over several years, and the H-1B lottery statistics page has USCIS selection data for FY2021 to FY2026.

Frequently asked questions

Sources

• DHS final rule, Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, FR Doc. 2025-23853
• USCIS, H-1B Weighted Selection Small Entity Compliance Guide (January 12, 2026)
• USCIS, H-1B Electronic Registration Process (historical registration data)