On January 13, 2026, the Department of Homeland Security released a long-anticipated final rule that will overhaul the way H-1B cap registrations are selected, beginning with the FY 2027 season (expected March 2026). Instead of the current random selection, each electronic registration will be assigned weighting points based on the Department of Labor wage level offered: 10 points for Level 4 wages, 7 for Level 3, 3 for Level 2 and 1 for Level 1. DHS argues the system will favor higher-paid positions and deter multiple filings for the same beneficiary. (millercanfield.com)
The rule maintains the $215 registration fee and the beneficiary-centric selection introduced in 2025 but revokes the prohibition on related-entity filings, deeming the wage-weighted model a more effective anti-fraud tool. Employers must still attest that the offered wage equals or exceeds the prevailing wage for the occupation and geographic area.
For employers and foreign professionals navigating these evolving rules, platforms such as VisaHQ can streamline the initial visa research and document gathering process. Their dedicated U.S. portal (https://www.visahq.com/united-states/) offers step-by-step guidance, checklists, and live support, making it easier to understand filing timelines and avoid common mistakes before engaging attorneys or HR teams.
![DHS Finalizes Wage-Weighted Lottery for FY 2027 H-1B Registrations]()
For tech firms, consulting companies and universities, the change requires strategic salary modeling. Registrations offering lower wage levels will have markedly reduced odds, pressuring employers to budget Level 3 pay (often 30–40 percent above entry level) if they wish to stay competitive. Immigration counsel anticipate intense demand for prevailing-wage determinations and salary surveys in February.
Start-ups and non-profits warn that the rule may disadvantage smaller budgets and rural locations where prevailing wages skew lower. DHS counters that cap-exempt employers (universities, research institutions and affiliated hospitals) remain unaffected and that salary-based prioritization aligns with congressional intent to “attract the best and brightest.”
Companies should begin internal audits now: identify FY 2027 candidates, review compensation bands, and secure wage-source documents early. HR systems should be updated to track wage level attestations for potential Requests for Evidence. Training for hiring managers on the new lottery math will be essential to set realistic expectations.
The rule maintains the $215 registration fee and the beneficiary-centric selection introduced in 2025 but revokes the prohibition on related-entity filings, deeming the wage-weighted model a more effective anti-fraud tool. Employers must still attest that the offered wage equals or exceeds the prevailing wage for the occupation and geographic area.
For employers and foreign professionals navigating these evolving rules, platforms such as VisaHQ can streamline the initial visa research and document gathering process. Their dedicated U.S. portal (https://www.visahq.com/united-states/) offers step-by-step guidance, checklists, and live support, making it easier to understand filing timelines and avoid common mistakes before engaging attorneys or HR teams.
For tech firms, consulting companies and universities, the change requires strategic salary modeling. Registrations offering lower wage levels will have markedly reduced odds, pressuring employers to budget Level 3 pay (often 30–40 percent above entry level) if they wish to stay competitive. Immigration counsel anticipate intense demand for prevailing-wage determinations and salary surveys in February.
Start-ups and non-profits warn that the rule may disadvantage smaller budgets and rural locations where prevailing wages skew lower. DHS counters that cap-exempt employers (universities, research institutions and affiliated hospitals) remain unaffected and that salary-based prioritization aligns with congressional intent to “attract the best and brightest.”
Companies should begin internal audits now: identify FY 2027 candidates, review compensation bands, and secure wage-source documents early. HR systems should be updated to track wage level attestations for potential Requests for Evidence. Training for hiring managers on the new lottery math will be essential to set realistic expectations.
