In one of the most consequential business-immigration changes in years, the Department of Homeland Security published a final rule on December 25 shifting the H-1B cap selection process from a random lottery to a wage-weighted system beginning with the FY 2027 season . Registrations filed for workers in the highest Occupational Employment and Wage Statistics (OEWS) level will receive four entries in the draw, Level III three entries, Level II two, and Level I just one.
Officials say the change protects U.S. workers by discouraging use of H-1Bs for lower-wage positions and rewarding employers prepared to pay market-leading salaries. Supporters in the tech and healthcare sectors argue the rule will reduce fraud, while critics—universities, research institutes and some start-ups—fear it will sideline talent whose pay is constrained by funding models or prevailing-wage tables.
![Trump Administration Finalises Wage-Weighted H-1B Selection System]()
For employers and foreign nationals weighing their next steps, VisaHQ can streamline the process of securing alternative visas or interim travel documents. The company’s platform (https://www.visahq.com/united-states/) consolidates requirements, fees, and processing times for options like O-1, TN, and E-3 classifications, providing mobility teams with up-to-date guidance as immigration rules evolve.
Mobility teams must now align workforce-planning, budget and timing. Employers who rely on entry-level foreign graduates may see selection odds fall from roughly 20 percent to below 15 percent, making alternative visa classifications (e.g., O-1, TN, E-3) more important. Companies hiring senior engineers, by contrast, gain a statistical advantage and should prepare to document higher wage levels.
The rule also foreshadows steeper costs: USCIS confirmed it is still pursuing a $100,000 filing fee proposal and hinted at increased anti-fraud site visits. Litigation is likely, but practitioners do not expect court action before the first wage-weighted registration window opens in March 2026.
Officials say the change protects U.S. workers by discouraging use of H-1Bs for lower-wage positions and rewarding employers prepared to pay market-leading salaries. Supporters in the tech and healthcare sectors argue the rule will reduce fraud, while critics—universities, research institutes and some start-ups—fear it will sideline talent whose pay is constrained by funding models or prevailing-wage tables.
For employers and foreign nationals weighing their next steps, VisaHQ can streamline the process of securing alternative visas or interim travel documents. The company’s platform (https://www.visahq.com/united-states/) consolidates requirements, fees, and processing times for options like O-1, TN, and E-3 classifications, providing mobility teams with up-to-date guidance as immigration rules evolve.
Mobility teams must now align workforce-planning, budget and timing. Employers who rely on entry-level foreign graduates may see selection odds fall from roughly 20 percent to below 15 percent, making alternative visa classifications (e.g., O-1, TN, E-3) more important. Companies hiring senior engineers, by contrast, gain a statistical advantage and should prepare to document higher wage levels.
The rule also foreshadows steeper costs: USCIS confirmed it is still pursuing a $100,000 filing fee proposal and hinted at increased anti-fraud site visits. Litigation is likely, but practitioners do not expect court action before the first wage-weighted registration window opens in March 2026.
