U.S. H-1B Weighted Selection Rule Takes Effect Today: Higher Wages = Up to 4x Lottery Chances Starting Feb 27, 2026
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Updated: 16 hours ago
Published: 2026-02-27T21:00+05:30 (IST) Xavio
The long-anticipated Weighted Selection Process for H-1B cap-subject registrations officially takes effect tomorrow, February 27, 2026, fundamentally changing how the annual H-1B lottery is conducted. Announced in the Federal Register and confirmed by USCIS, the rule gives registrations offering higher prevailing wages significantly better odds of selection — up to four times the chance compared to entry-level positions.
This is the biggest structural change to the H-1B lottery since the program’s inception and directly impacts employers, foreign workers, and the broader U.S. tech & professional services ecosystem. The policy shift is expected to favor high-salary roles in STEM, finance, healthcare, and engineering while still preserving access for lower-wage specialty occupations.
How the New Weighted H-1B Lottery Works (Effective Feb 27, 2026)
Under the final rule, each registration is assigned 1 to 4 entries in the lottery based on the offered wage relative to the applicable Wage Level for that SOC code and geographic area (using OEWS / BLS data):
Wage Level IV (fully competent / highest quartile) → 4 entries
Wage Level III (experienced) → 3 entries
Wage Level II (qualified) → 2 entries
Wage Level I (entry-level) → 1 entry
Example impact (San Francisco Bay Area, Software Developers – SOC 15-1252):
Offered $220,000+ (Level IV) → 4 lottery entries
Offered $180,000–$219,999 (Level III) → 3 entries
Offered $150,000–$179,999 (Level II) → 2 entries
Offered $120,000–$149,999 (Level I) → 1 entry
Because higher-wage registrations receive multiple “tickets,” they have a dramatically higher probability of selection in the random lottery — even though the total cap (85,000 visas) remains unchanged.
Why USCIS Introduced Weighted Selection
The rule implements a core goal of the 2020–2024 policy debates: prioritize H-1B visas for “higher-skilled and higher-paid” workers while still allowing entry-level access. USCIS states the change:
“…better serves the Congressional intent for the H-1B program by allocating visas to registrations that offer higher wages, reflecting greater skill and economic contribution.”
The agency also argues the policy reduces abuse of the program by “body shops” that offer low wages and displace U.S. workers.
Timeline & Immediate Impact (2026 H-1B Cap Season)
Effective date: February 27, 2026
First affected lottery: March 2026 H-1B cap registration period (for FY 2027 visas)
No retroactive application: Registrations already selected under the old system (FY 2026) are unaffected
Employers planning to file in March 2026 must now align offered salaries with higher wage levels to maximize selection chances. Many large tech companies have already started adjusting job postings and LCAs to target Level III or IV wages.
What This Means for Employers & Foreign Workers
For U.S. Employers (especially tech, finance, consulting):
Must budget higher salaries to improve lottery odds
Level I offers now carry a much lower success probability
Strategic use of premium processing and concurrent filings becomes even more critical
For H-1B aspirants (especially from India, China, Philippines):
Higher salary offers = significantly better chance of selection
Entry-level roles in high-cost areas may become nearly impossible to win in the lottery
Stronger incentive to negotiate higher wages or target companies offering Level III/IV salaries
This change arrives just weeks after the March 2026 Visa Bulletin delivered strong forward movement in EB-2 (India Dates for Filing jumped 11 months to Nov 1, 2014), giving many H-1B holders renewed hope of filing I-485 soon. For full analysis of that bulletin, read our recent post: March 2026 Visa Bulletin: EB-2 Dates for Filing Current for Most Countries – India Jumps 11 Months.
Broader Context: Green Card Holders Face Separate Headwinds in 2026
While the H-1B rule targets new entrants, green card holders are facing their own set of challenges in 2026 — including SBA loan bans, mandatory biometrics at entry/exit, expanded public charge scrutiny, and longer naturalization backlogs. For a detailed overview of those changes, see our companion article: 5 Major Changes for U.S. Green Card Holders in 2026.
Frequently Asked Questions
Q: Does this affect FY 2026 H-1B petitions already selected?
No — the weighted rule applies only to registrations submitted after February 27, 2026.
Q: Will Level I offers still have any realistic chance?
Yes, but very low — especially in high-cost metro areas where Level I wages are far below the median.
Q: Can employers game the system by offering artificially high salaries?
USCIS will scrutinize offered wages against prevailing wage data and job duties. Inflated offers risk denial or future audits.
Q: Where can I see the full Federal Register notice?
Directly on federalregister.gov or USCIS.gov under H-1B cap rules.
For the official USCIS guidance on the weighted selection process, H-1B cap season timeline, and LCA wage requirements, visit the USCIS H-1B Cap Season page.
Stay ahead of U.S. immigration shifts — explore our dedicated U.S. immigration section for real-time updates, H-1B strategies, visa bulletin tracking, and green card filing guides. The H-1B lottery just got a lot more competitive — plan your offer accordingly! 🇺🇸
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