H-1B Visa Selection Gets Major Overhaul: New Weighted Lottery Favors Higher Salaries Starting February 2026

The Department of Homeland Security has finalized a transformative change to the H-1B visa selection process that will fundamentally reshape how the United States allocates work visas to foreign professionals. Effective February 27, 2026, the long-standing random lottery system will be replaced with a wage-weighted selection process that dramatically favors higher-paid workers.

Under the new system, which will first impact the FY 2027 H-1B cap registration season expected in March 2026, candidates are no longer competing on equal footing. Instead, the selection odds are directly tied to salary levels based on the Department of Labor's Occupational Employment and Wage Statistics wage tiers. A worker offered a Level 4 wage—the highest tier—receives four entries into the selection pool, effectively quadrupling their chances compared to an entry-level candidate. Level 3 wage earners get three entries, Level 2 receives two, and Level 1 workers get just one entry.

This marks a significant departure from the purely random lottery that has governed H-1B selection for years. The stated goal is to prioritize higher-skilled, higher-paid foreign workers while still maintaining eligibility for all wage levels. However, the practical impact is clear: entry-level positions with lower salaries will face substantially reduced odds of selection, while senior roles commanding top-tier compensation will dominate the allocation process.

Employers must now provide detailed wage and job information during the registration phase, including the Standard Occupational Classification code, geographic area of employment, and the corresponding OEWS wage level. This additional documentation requirement aims to ensure accuracy and prevent manipulation of the system. Notably, if a candidate has multiple H-1B registrations filed by different employers, they will not receive cumulative weighting—USCIS will base their entries on the lowest prevailing wage level among all offers.

The timing of this rule change is particularly significant as it takes effect just weeks before the anticipated March 2026 registration window for visas beginning October 1, 2026. This compressed timeline leaves employers and prospective H-1B workers limited time to strategize around the new wage-based framework. Immigration attorneys are advising employers to carefully evaluate their salary offerings and ensure compliance with the new registration requirements to maximize selection chances.

Legal challenges to the new rule are anticipated, with some advocacy groups arguing that DHS has exceeded its statutory authority in implementing such a dramatic shift without explicit congressional authorization. However, as of January 2026, no injunction has been secured to block the rule from taking effect next month. The Department of Homeland Security maintains that the weighted system better protects American workers by ensuring that H-1B visas go to the most skilled and valuable foreign talent, rather than being distributed by chance.

For international students and professionals eyeing U.S. employment opportunities, the message is unmistakable: salary level now matters more than ever in the H-1B selection process. Those pursuing entry-level positions or roles in lower-paying sectors will face steeper odds, while candidates securing high-wage offers in their fields will benefit from significantly improved selection probabilities. As the February 27 effective date approaches, the H-1B landscape is poised for one of its most consequential transformations in recent history.