H-1B Visas Get Rich-Kid Lottery: High-Pay Workers Jump the Line
Published Date: 12/29/2025
Rule
Summary
Starting in 2027, the U.S. will use a new weighted lottery to pick who can apply for H-1B work visas. This system favors higher-paid and more skilled workers but still gives chances to all wage levels. Employers and job seekers should get ready for this change, which aims to better match visas with talent and pay, without extra fees or delays.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
Weighted H‑1B Lottery by Wage Level
When USCIS must run a lottery because registrations exceed the available cap, it will use a weighted selection that favors higher-paid workers. Registrations are assigned an OEWS wage level I–IV and entered into the selection pool: level IV entries four times, level III three times, level II two times, and level I one time. This weighted process is effective for registrations (and petitions, if registration is suspended) submitted on or after February 27, 2026 and will be used for the FY 2027 registration season when selecting toward the numerical allocations (including the 65,000 general cap and the up-to-20,000 advanced degree exemption).
Each Beneficiary Counts Only Once
USCIS will count each unique beneficiary only once toward the H-1B numerical allocation, regardless of how many registrations an employer submits for that person. That rule applies to registrations or petitions submitted on or after February 27, 2026.
OEWS Wage Levels and SOC/Location Matter
Each registration will be assigned to the highest Occupational Employment and Wage Statistics (OEWS) wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area of intended employment. That OEWS/SOC/area assignment determines the weight (1–4 entries) your registration receives in the selection pool.
Advanced‑Degree Exemption Included
The weighted selection process applies to registrations for the advanced degree exemption (the separate up-to-20,000 master’s‑degree allocation) submitted on or after February 27, 2026. DHS states this weighted approach will increase the chances of selection for international students and recent graduates who have higher-wage job offers.
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Key Dates
Department and Agencies
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