The H-1B visa program is undergoing one of the most significant changes in its history. Beginning with the FY 2027 H-1B cap season, U.S. Citizenship and Immigration Services (USCIS) will replace the long-standing random lottery with a wage-level weighted selection system. This new approach, effective February 27, 2026, is designed to prioritize higher-skilled and higher-paid foreign professionals, fundamentally changing how employers and beneficiaries should prepare for the H-1B process.
If you are an employer sponsoring foreign talent—or a professional hoping to work in the United States—understanding these changes is critical.
From Random Lottery to Wage-Based Selection
Under the previous system, all properly registered H-1B beneficiaries had an equal chance of selection, regardless of salary level. That is no longer the case.
For FY 2027, USCIS will use a weighted selection matrix that increases the odds of selection for beneficiaries offered higher wages compared to Department of Labor (DOL) wage data.
How the New Wage Weighting Works
Each registration will receive a number of “entries” into the selection pool based on the highest Occupational Employment and Wage Statistics (OEWS) level met by the offered salary:
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Wage Level IV (Highest) – 4 selection entries
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Wage Level III – 3 selection entries
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Wage Level II – 2 selection entries
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Wage Level I (Entry Level) – 1 selection entry
In simple terms, higher wages = better odds.
This shift strongly favors employers offering competitive, market-aligned salaries and discourages under-market wage filings.
Expanded Registration Data Requirements
To support this new selection model, employers must provide more detailed information at the registration stage, including:
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The specific SOC (Standard Occupational Classification) code
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The area of intended employment
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The highest OEWS wage level met by the offered salary at the time of registration
Accuracy matters. Errors or inconsistencies can directly affect a beneficiary’s selection odds.
Beneficiary-Centric Selection Still Applies
USCIS will continue using a beneficiary-centric selection system, meaning each individual can only be selected once—even if multiple employers submit registrations for the same person.
However, there is an important change:
If multiple employers register the same beneficiary, USCIS will apply the lowest applicable wage level across all registrations when determining selection weight.
This makes coordinated strategy especially important when a beneficiary has multiple potential sponsors.
The $100,000 Supplemental Fee: What You Should Know
A new $100,000 supplemental fee, introduced through a presidential proclamation, may apply to certain H-1B petitions.
Key points to understand:
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The fee primarily affects beneficiaries outside the U.S. who require consular notification
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Change-of-status petitions (such as F-1 students transitioning to H-1B within the U.S.) are generally exempt
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Certain cases may qualify for a National Interest Exception (NIE) that could waive this fee
This fee makes early planning and legal review more important than ever.
Important Dates for the FY 2027 H-1B Cap Season
Mark your calendar:
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Registration Opens: March 4, 2026, at 12:00 p.m. ET
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Registration Closes: March 19, 2026, at 12:00 p.m. ET
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Selection Notifications: By March 31, 2026
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Registration Fee: $215 per beneficiary
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Annual Caps Remain Unchanged:
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65,000 regular cap
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20,000 U.S. advanced degree exemption
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Employers will manage registrations through USCIS Organizational Accounts, which remain mandatory.
Why Legal Guidance Matters More Than Ever
This new wage-weighted system introduces strategic complexity that did not exist under the random lottery. Wage structuring, SOC selection, registration accuracy, beneficiary coordination, and fee exposure can all determine success—or failure.
A single mistake can significantly reduce selection chances or lead to costly delays.
Speak With an Experienced Immigration Attorney in Houston
If you are an employer planning H-1B sponsorship or a professional navigating the new FY 2027 rules, early legal guidance is essential. At The Law Office of Karen Torres PLLC, we provide personalized, strategic immigration counsel tailored to today’s rapidly changing immigration landscape. Attorney Karen Torres works closely with clients to assess eligibility, minimize risk, and develop a clear plan forward.
Disclaimer
This blog is provided for general informational and educational purposes only and does not constitute legal advice. Immigration laws, regulations, and policies are subject to change, and outcomes depend on the specific facts of each case. Reading this content does not create an attorney-client relationship. For legal advice tailored to your situation, consult a qualified immigration attorney.
