The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have published a long-awaited Final Rule in Monday’s Federal Register that will fundamentally change how scarce H-1B work visas are allocated. Effective February 27 2026—just in time for the FY 2027 registration season—the agency will abandon the purely random computer-generated lottery used since 2007 and replace it with a “weighted selection” process that gives applicants in higher Occupational Employment and Wage Statistics (OEWS) wage tiers better odds of being chosen.
Under the new 8 CFR § 214.2(h)(8)(iii)(C), each registration will receive between one and four entries in the selection pool, depending on the wage level that the employer certifies on the Labor Condition Application (LCA). Level IV positions (the highest prevailing-wage tier) will receive four chances; Level III three; Level II two; and Level I one. USCIS officials say the system is designed to “incentivize employers to offer higher wages and request more highly-skilled roles,” thereby better protecting U.S. workers and discouraging the use of H-1Bs for lower-paid positions. The Final Rule makes no substantive changes from the Notice of Proposed Rulemaking issued on September 24 2025.
For corporate mobility managers, the shift is both strategic and operational. Budgeting for international assignments will become more complex, because an additional salary increment may materially improve the odds of securing an H-1B number. Multinational companies that routinely file large volumes of low-level STEM or service-sector petitions will find their historical selection rates dropping, while research institutions and high-wage tech employers may see improved outcomes.
![DHS Finalizes Wage-Weighted H-1B Selection System for FY 2027]()
For organizations now reassessing their H-1B strategies, VisaHQ offers an easy-to-use online platform that tracks U.S. visa requirements, provides document checklists, and connects users with licensed immigration professionals for case preparation. Companies can monitor status updates and deadlines in one dashboard, helping mobility teams keep pace with the new wage-weighted selection process. More information is available at https://www.visahq.com/united-states/.
Employers must now ensure that the wage level selected on the LCA accurately reflects the position described in the registration, or risk fraud findings and potential debarment. Immigration counsel recommend conducting a position-by-position audit before the March 2026 registration window opens. Because the cap filing season drives project start dates and expatriate rotations, mobility teams should also build contingency plans for key roles that fall into lower wage tiers.
Looking ahead, litigation is possible: several industry groups argue the rule exceeds statutory authority by basing selection on wage factors not mentioned in the Immigration and Nationality Act. DHS counters that the INA gives the Secretary broad discretion in “the manner of selection” and that wage weighting is a rational means of allocating a fixed resource. Until any court says otherwise, however, the wage-weighted lottery is the new reality for global talent moving to the United States.
Under the new 8 CFR § 214.2(h)(8)(iii)(C), each registration will receive between one and four entries in the selection pool, depending on the wage level that the employer certifies on the Labor Condition Application (LCA). Level IV positions (the highest prevailing-wage tier) will receive four chances; Level III three; Level II two; and Level I one. USCIS officials say the system is designed to “incentivize employers to offer higher wages and request more highly-skilled roles,” thereby better protecting U.S. workers and discouraging the use of H-1Bs for lower-paid positions. The Final Rule makes no substantive changes from the Notice of Proposed Rulemaking issued on September 24 2025.
For corporate mobility managers, the shift is both strategic and operational. Budgeting for international assignments will become more complex, because an additional salary increment may materially improve the odds of securing an H-1B number. Multinational companies that routinely file large volumes of low-level STEM or service-sector petitions will find their historical selection rates dropping, while research institutions and high-wage tech employers may see improved outcomes.
For organizations now reassessing their H-1B strategies, VisaHQ offers an easy-to-use online platform that tracks U.S. visa requirements, provides document checklists, and connects users with licensed immigration professionals for case preparation. Companies can monitor status updates and deadlines in one dashboard, helping mobility teams keep pace with the new wage-weighted selection process. More information is available at https://www.visahq.com/united-states/.
Employers must now ensure that the wage level selected on the LCA accurately reflects the position described in the registration, or risk fraud findings and potential debarment. Immigration counsel recommend conducting a position-by-position audit before the March 2026 registration window opens. Because the cap filing season drives project start dates and expatriate rotations, mobility teams should also build contingency plans for key roles that fall into lower wage tiers.
Looking ahead, litigation is possible: several industry groups argue the rule exceeds statutory authority by basing selection on wage factors not mentioned in the Immigration and Nationality Act. DHS counters that the INA gives the Secretary broad discretion in “the manner of selection” and that wage weighting is a rational means of allocating a fixed resource. Until any court says otherwise, however, the wage-weighted lottery is the new reality for global talent moving to the United States.
