The H-1B lottery is now weighted by wage level. Under a Department of Homeland Security (DHS) final rule published December 29, 2025, if USCIS receives more registrations than it needs, each person (a "unique beneficiary") goes into the selection pool one to four times, depending on the wage level of the job offer. Higher wage levels get more entries, so they are more likely to be picked, but every wage level can still be selected. This explainer covers what the rule says, how the wage level is chosen, how the master's cap fits in, what USCIS has said about FY 2027, and what is and is not known about FY 2028.
- The rule: 90 FR 60864, published December 29, 2025, effective February 27, 2026
- Entries: wage level IV four, level III three, level II two, level I one
- The wage level is the highest OEWS level the offered wage equals or exceeds
- The petition must match the registration, or USCIS may deny or revoke it
- FY 2028: USCIS has not announced registration dates as of October 11, 2026
What does the weighted selection rule say?
The H-1B is a temporary work visa for specialty occupations. For "cap-subject" petitions, Congress allows 65,000 regular visas a year (up to 6,800 of them set aside for H-1B1 workers from Chile and Singapore) plus 20,000 for people with a US master's degree or higher, known as the master's cap (USCIS, H-1B Cap Season). Employers first submit an online registration for each person, and USCIS selects from those registrations.
DHS changed how that selection works in the final rule "Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions", 90 FR 60864 (December 29, 2025), DHS Docket No. USCIS-2025-0040, effective February 27, 2026 (Federal Register). The rule is final. The regulation now reads:
"Weighted selection. If a random selection is necessary, USCIS will assign each unique beneficiary to the lowest OEWS wage level among all registrations submitted on the beneficiary's behalf and will enter each unique beneficiary into the selection pool in a weighted manner as follows: a beneficiary assigned wage level IV will be entered into the selection pool four times, a beneficiary assigned wage level III will be entered into the selection pool three times, a beneficiary assigned wage level II will be entered into the selection pool two times, and a beneficiary assigned wage level I will be entered into the selection pool one time." 8 CFR 214.2(h)(8)(iii)(A)(4)(ii)
(eCFR, 8 CFR 214.2) Two details matter. First, weighting applies only "if a random selection is necessary", meaning there are more registrations than needed. Second, if several employers register the same person, USCIS uses the lowest wage level among them. Each person still counts only once toward the numbers.
USCIS confirms that "Starting in fiscal year (FY) 2027, USCIS has implemented a weighted selection process" on its H-1B Cap Season page. We found no court order blocking the rule as of October 11, 2026.
How is the wage level chosen?
The wage levels come from the Department of Labor's Occupational Employment and Wage Statistics (OEWS) survey, which sets four prevailing wage levels for each occupation and area. The registrant picks the level based on the salary offered:
"Required information. On the registration, the registrant must select the highest Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary's proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area(s) of intended employment." 8 CFR 214.2(h)(8)(iii)(A)(4)(i)
The same paragraph sets the edge cases (eCFR, 8 CFR 214.2):
- Below level I: if the offered wage is lower than OEWS level I because it rests on another legitimate wage source, the registrant must select level I.
- Several work locations: the registrant must select the lowest level the wage meets across the locations.
- A salary range: the level is set by the lowest wage in the range.
- No current OEWS data: the level follows the job's requirements under the Labor Department's prevailing wage guidance.
The registration must also give the occupation code (SOC code), the area of intended employment and the passport or travel document information.
The petition has to match
Selection only gives permission to file. The petition must use the same occupation code and offer a wage at or above the prevailing wage for the level on the registration, and the employer must submit evidence of the basis for that level as of the registration date (8 CFR 214.2(h)(8)(iii)(D)). USCIS may also deny a later new or amended petition that tries to "unfairly increase the chance of selection", for example by changing the offered wage in a later petition to an amount that matches a lower wage level than the registration showed (8 CFR 214.2(h)(10)(iii)).
What this means in practice: the wage level is not a box to tick for a better draw. It commits the employer to a salary that the petition must later prove.
How much does the weighting change the odds?
Nobody can give an individual's odds, because they depend on how many people register at each level. DHS did publish projections in the rule. Using data from past cap seasons, DHS estimated a 29.59 percent chance of selection for everyone under the old random lottery. Under weighting, it projected:
| Wage level | Entries in the pool | DHS projected chance of selection |
|---|---|---|
| Level I | 1 | 15.29 percent |
| Level II | 2 | 30.58 percent |
| Level III | 3 | 45.87 percent |
| Level IV | 4 | 61.16 percent |
(90 FR 60947 to 60948, Table 13 discussion) These are DHS estimates made before the rule took effect, not results. DHS noted that its model assumes employers keep their current wages, and that it combined the regular and master's cap pools to simplify the calculation.
How does the master's cap fit in?
People eligible for the master's cap get two chances, and both are weighted. USCIS first runs the regular cap selection:
"Regular cap selection. In determining whether there are enough registrations for unique beneficiaries to meet the H-1B regular cap, USCIS will consider all properly submitted registrations relating to beneficiaries that may be counted under section 214(g)(1)(A) of the Act, including those that may also be eligible for exemption under section 214(g)(5)(C) of the Act." 8 CFR 214.2(h)(8)(iii)(A)(5)
After that, USCIS selects for the master's cap from the remaining eligible registrations, again weighting each person by wage level (8 CFR 214.2(h)(8)(iii)(A)(6)). Registrations not selected stay on reserve for that fiscal year, and USCIS may select more from the reserve if it needs to, using the same weighted method (8 CFR 214.2(h)(8)(iii)(A)(7)).
What happened in the FY 2027 registration?
FY 2027 was the first cap season under the weighted rule. Here is what USCIS has said:
- The initial registration period ran from March 4 to March 19, 2026, with a $215 registration fee per beneficiary (USCIS alert, January 30, 2026).
- On March 31, 2026, USCIS said it had received enough registrations to reach both the regular cap and the master's cap, and had notified employers with selected beneficiaries (USCIS alert, March 31, 2026).
- On July 17, 2026, USCIS said it had received enough petitions to reach the 65,000 regular cap and the 20,000 master's cap (USCIS alert, July 17, 2026).
As of October 11, 2026, we found no FY 2027 registration or selection counts on USCIS's H-1B pages. Its H-1B Electronic Registration Process page has a historical table that stops at FY 2026. For FY 2026, the last random lottery, it lists 343,981 eligible registrations and 120,141 selected registrations. The only official FY 2027 figures we found are in Proclamation 11069: it says job offers at the two highest wage levels accounted for about 46.3 percent of registration selections and the lowest level for 17.8 percent, and that beneficiaries with at least a US master's degree rose from 45.1 percent of registrants for FY 2026 to 66.1 percent for FY 2027 (91 FR 60497). We do not repeat unofficial FY 2027 estimates here.
What does it mean for the FY 2028 registration?
USCIS has not announced FY 2028 registration dates as of October 11, 2026. The regulation says the initial registration period lasts at least 14 calendar days, starts at least 14 calendar days before the earliest petition filing date, and is announced at least 30 calendar days in advance (8 CFR 214.2(h)(8)(iii)(A)(3)). The FY 2027 period ran in March.
The weighted rule stays in place unless it is changed or blocked. Three other items are moving, and their status differs:
- Proposed, not final: DHS has proposed a $103,265 fee for every H-1B cap-subject petition, including master's cap petitions, in addition to other fees. The proposal is 91 FR 54817 (August 25, 2026), DHS Docket No. USCIS-2026-0298; comments closed September 24, 2026 (Federal Register). Our post on the proposed H-1B fee covers it.
- Guidance vacated by a court: USCIS says the District of Massachusetts vacated the guidance implementing the $100,000 payment for certain H-1B petitions on June 8, 2026 (State of California v. Mullin), the First Circuit denied a stay on July 24, 2026, and DHS is complying but "still plans to collect the payment" if the order is lifted (USCIS H-1B FAQ, updated 07/28/2026). Separately, Proclamation 11069, signed September 18, 2026, extends the underlying entry restriction until September 21, 2027 (91 FR 60497). The USCIS FAQ was last updated before that proclamation.
- Proposed, not final: the Labor Department has proposed changing how the four OEWS wage levels are computed, which would affect what each level means in dollars. The proposal is 91 FR 15454 (March 27, 2026), DOL Docket No. ETA-2026-0001 (Federal Register).
- Confirm the occupation code (SOC code) that fits the actual job
- Look up the OEWS wage levels for that code in every work location
- Decide the offered salary first; the wage level follows from it
- Keep evidence of the wage level basis as of the registration date
- Make sure the petition and labor condition application will match the registration
- Watch USCIS for the FY 2028 dates and the status of the proposed fee
What if you are not selected?
Being left out of the lottery does not end your options. Our guides to what to do after losing the H-1B lottery and O-1 or H-1B compare the routes, and our lost the H-1B lottery page is a starting point.
Where to start
H-1B registrations and petitions are handled by attorneys at an independent partner firm, not by Frank. If you are looking at the O-1 or a green card instead, start with the free evaluation: upload your resume, with no account or card, and see which O-1A, EB-1A or NIW criteria you may already meet.
If you are close, Frank finds real opportunities, such as judging panels, awards and calls for speakers, sorted by the gap they fill. Frank Starter is $49 a month with a 7-day free trial. The partner firm's flat legal fee for an O-1 starts at $6,999, with USCIS fees separate. Green Card Guide is not a law firm, and this post is not legal advice.
Sources
All checked October 11, 2026.
- Federal Register, Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, 90 FR 60864 (December 29, 2025; effective February 27, 2026). The final rule and DHS's selection projections.
- eCFR, 8 CFR 214.2(h) (current as of October 7, 2026). Registration, wage level selection, weighting, the master's cap and petition matching, quoted above.
- USCIS, H-1B Cap Season (updated 09/21/2026). Weighted selection from FY 2027.
- USCIS, H-1B Electronic Registration Process (updated 09/21/2026). Historical registration data through FY 2026.
- USCIS alert, FY 2027 H-1B Cap Initial Registration Period Opens on March 4 (January 30, 2026).
- USCIS alert, FY 2027 H-1B Initial Registration Selection Process Completed (March 31, 2026).
- USCIS alert, USCIS Reaches Fiscal Year 2027 H-1B Cap (July 17, 2026).
- USCIS, H-1B FAQ (updated 07/28/2026). Status of the $100,000 payment.
- Federal Register, Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers, 91 FR 60497 (September 23, 2026). Extension of the $100,000 payment restriction to September 21, 2027.
- Federal Register, Fee for Certain H-1B Petitions, 91 FR 54817 (proposed rule, August 25, 2026).
- Federal Register, Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States, 91 FR 15454 (proposed rule, March 27, 2026).
Frequently asked questions
How does the weighted H-1B lottery work?
If USCIS receives more registrations than it needs, each unique beneficiary is entered into the selection pool based on wage level: four times for level IV, three for level III, two for level II and once for level I. Each person still counts only once toward the cap numbers.
Who picks the wage level on an H-1B registration?
The registrant, usually the employer. It must select the highest OEWS wage level that the offered wage equals or exceeds for the occupation code and work location. If several employers register the same person, USCIS uses the lowest level among those registrations.
Can level I workers still be selected?
Yes. Level I beneficiaries are entered once, so their chance is lower than at higher levels, but they remain in the pool. DHS projected about a 15 percent chance for level I in its rule, an estimate that depends on who registers.
Does the master's cap still give a second chance?
Yes. People eligible for the master's cap are first considered in the regular cap selection. If not selected, they are considered again for the 20,000 master's cap, and both selections are weighted by wage level.
When is the FY 2028 H-1B registration?
USCIS has not announced it as of October 11, 2026. The regulation requires at least 30 days' notice and a registration period of at least 14 days. The FY 2027 period ran from March 4 to March 19, 2026.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
