How Does the H-1B Wage-Weighted Lottery Work in 2026–2027?

DHS finalized a rule on December 29, 2025, replacing the random H-1B cap lottery with a wage-weighted selection process effective February 27, 2026. The FY2027 registration season (March 4–19, 2026) is the first to use this system. Instead of equal odds, USCIS now weights each registration by the offered position's OEWS wage level — with Level IV registrations receiving four times the lottery entries of Level I registrations.

What Is the H-1B Wage-Weighted Lottery?

Instead of each registration having one equal chance, USCIS weights entries by the offered position's OEWS wage level:

DHS estimates Level I odds drop 48% compared to the old random system (~29.6% → ~15.3%). Level IV odds increase 107%. The FY2027 registration season (March 4–19, 2026) is the first to operate under this system.

Source: Federal Register — Weighted Selection Process (Dec 29, 2025)

How Do I Know Which Wage Level My Position Falls Under?

DOL's OEWS system defines four levels based on complexity, experience, and skills required for the occupation. The wage level is determined by comparing the offered salary against the OEWS wage table for the position's SOC code and geographic area of intended employment. The highest OEWS level that does not exceed the offered salary is the level used at registration.

Example: A Software Developer in San Francisco offered $155,000/year — if OEWS Level IV for that occupation/location is $148,000 and Level III is $130,000, the registration uses Level IV and gets 4 entries.

Check your occupation's OEWS wage levels at flcdatacenter.com.

Does a Master's Degree Still Help Under the New System?

Yes — but differently. The 20,000-spot U.S. master's degree exemption round still exists. Registrations qualifying for that exemption are first entered into the master's round using the same 4-3-2-1 weighting. Registrations not selected in the master's round re-enter the general pool with their weight unchanged. A master's degree no longer provides a separate random advantage — it provides a second weighted entry at the same wage level.

What Information Is Required at Registration Now?

For FY2027, registration requires four new data points:

1. Offered wage — the salary being offered
2. SOC code — DOL Standard Occupational Classification code for the position
3. Area of intended employment — geographic location(s) of work
4. OEWS wage level — the level determined from the above three data points

This information must be consistent with the later-filed LCA and I-129 petition. Discrepancies between registration and petition can trigger denial. The registration window opens March 4, 2026 and closes March 19, 2026 at noon ET. The registration fee is $215 per beneficiary.

Source: USCIS FY2027 H-1B Cap Registration Announcement

How Does the $100,000 Consular Fee Interact With the New Lottery?

The September 2025 Presidential Proclamation (Restriction on Entry of Certain Nonimmigrant Workers) imposes a $100,000 supplemental fee on certain H-1B petitions requiring consular processing. It generally does not apply to in-country change-of-status filings — including most F-1 OPT → H-1B transitions. It primarily affects beneficiaries abroad who require consular processing to enter the U.S.

This fee may reduce overseas registrations, improving selection odds for domestic in-status filers. The fee is paid at the petition filing stage, not at lottery registration.

What Is the Current FY2027 Registration Volume?

Immigration attorneys estimate FY2027 registrations fell to 200,000–250,000 — down roughly 40% from FY2026's 336,153 unique beneficiaries. The decline reflects: fraud-detection improvements blocking duplicates, wage-weighted deterrence on lower-wage petitions, the $100,000 fee discouraging overseas filings, and broader immigration enforcement uncertainty.

The smaller pool could mean better overall odds — but because selection is now weighted by wage level, the benefit is concentrated among higher-wage registrations.

Can I Raise My Salary to Improve My Odds?

Strategically raising an offered salary to qualify for a higher OEWS wage level does improve selection odds — but the wage level must match the actual job duties and experience requirements. A Level IV wage paired with entry-level job duties will draw an RFE or denial. Employers should price roles at the genuinely applicable level — not above it to game the lottery.