USCIS has finalized a rule that replaces the random H-1B lottery with a weighted selection process that favors higher-paid H-1B candidates. The rule, published December 29, 2025, will be in effect for the upcoming FY 2027 H-1B season.
Under the new system, lottery registrants will receive multiple entries based on the wage level offered to the H-1B candidate: Level IV lottery registrants will get four lottery entries, Level III registrants will get three entries, Level II registrants will get two entries, and Level I registrants will get one entry. The new rule prioritizes higher-paid, higher-skilled workers in the H-1B lottery while preserving some access for all wage levels.
The rule creates a strong incentive for employers to raise salaries for H-1B candidates. USCIS hopes that this change will better protect U.S. workers’ wages and job opportunities.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.