U.S. to Prioritize Higher Wages in New H-1B Selection Process
Highlights
- The Department of Homeland Security (DHS) announced the weighted selection process for cap-subject H-1B petitions will take effect on Feb. 27, 2026.
- The new process marks the third major shift to the H-1B visa lottery in the last decade.
- Through weighted selection, United States Citizenship and Immigration Services (USCIS) will prioritize higher-skilled and higher-paid H-1B registrants, increasing the difficulty of an employer obtaining an H-1B visa for an entry-level position.
With the year end approaching, the DHS announced the impending implementation of a weighted selection process for cap-subject H-1B petitions to take effect on Feb. 27, 2026 in advance of the H-1B registration season for Fiscal Year 2027.
U.S. employers utilize the H-1B visa category to fill roles involving a specialty occupation. Known for its restrictive numerical limitations, the H-1B visa category allots 65,000 visas to individuals employed in specialty occupation roles with an additional 20,000 reserved for such roles to be filled by graduates of U.S. master’s degree programs.
Given the delta between the 85,000 visas available and the vacant specialty occupation roles in the United States, the H-1B visa has become increasingly elusive. Moreover, the lottery system itself has become more challenging to navigate, undergoing several significant changes in the last decade. According to the Dec. 23 announcement detailing the latest change, the new weighted selection process will prioritize higher-skilled and higher-paid candidates in the interest of protecting wages, working conditions, and job opportunities for U.S. workers.
The new process requires employers to provide additional details regarding the specialty occupation role, including its wage level, job category (SOC Code), and work locations. Registrations will then be weighted as follows for the regular and advanced degree lottery systems:
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