Wage-Based H-1B Lottery: How Weighted Selection Works

Updated 2026-10-213 min readNot legal advice in W X

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The wage-weighted H-1B lottery gives each person one to four entries based on the offer's wage level, so higher levels have better odds. It replaced the purely random lottery starting with the FY 2027 cap season in March 2026. Here is how it works and what it means for your search.

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The rule

DHS published the final rule on December 29, 2025. It took effect on February 27, 2026, in time for FY 2027 registration.

The annual cap did not change. It is still 65,000 visas, plus 20,000 for people with US advanced degrees.

USCIS says the goal is to favor higher-skilled, higher-paid workers. It also says employers can still hire H-1B workers at all wage levels.

Weighting only matters when registrations exceed the cap. In recent years, they have far exceeded it.

How entries are counted

Each registration lists the highest OEWS wage level that the offered wage equals or exceeds. OEWS is the Labor Department's wage survey, split into four levels.

USCIS then enters each beneficiary into the selection pool as follows:

Level IV: four entries.
Level III: three entries.
Level II: two entries.
Level I: one entry.

Top H-1B sponsors, 2025US Department of Labor data

Employer	H-1B filings	Transfers	Median pay
Amazon.Com Services LLC	14,047	2,382	$155k
Cognizant Technology Solutions US CorpGC frozen	10,209	872	$110k
Ernst & Young U.S. LLP	9,808	269	$143k
Google LLC	7,899	844	$186k
Microsoft CorporationGC frozen	7,840	879	$173k
Tata Consultancy Services LimitedGC frozen	7,287	353	$86k

Every sponsor, with their open jobsSee the list ›

Each person counts once, even if several employers register them. Husch Blackwell reports that the lowest wage level among those registrations is used for weighting.

The weighting applies to both the regular cap and the advanced degree cap, according to Alston & Bird.

Estimated odds by level

Law firm Alston & Bird cites DHS projections of selection odds under the new system:

Level I: about 15.29%.
Level II: about 30.58%.
Level III: about 45.87%.
Level IV: about 61.16%.

These were projections, not results. Real odds depend on how many people register at each level.

Under the old random lottery, every unique person had the same chance regardless of wage level.

What happened in FY 2027

Fragomen reports 211,600 registrations were properly submitted for FY 2027. That was down 38.5% from 343,981 the year before.

Fragomen also reports only 17.7% of selected registrations were at Level I. And 71.5% of selected people held a US advanced degree, up from 57%.

USCIS had not published a full selection rate as of Fragomen's July 2026 report.

Your odds in 2026, in plain numbers

For FY 2026, the last random lottery, USCIS reported 343,981 eligible registrations and 120,141 selections. That is about a 35% chance per registration.

For FY 2027, registrations fell to 211,600. As of October 21, 2026, USCIS had not published how many it selected, so there is no official overall rate.

Law firm Manifest Law reported its own clients' FY 2027 results: about 24.5% at Level I, 50% at Level II, 69.2% at Level III and 65.2% at Level IV. That is one firm's sample, not the full pool.

Fewer people competing for the same cap generally means better odds. Treat every number here as an estimate until USCIS publishes its data.

Wage level is not the same as salary

The level depends on the job's occupation code and work location. Alston & Bird notes a higher salary in one city can still be a lower level than a smaller salary elsewhere.

So two offers with the same pay can get different numbers of entries.

Registrations must include the job's occupation code, industry, work locations and wage level. Errors here can cause problems later in the petition.

Employers cannot game the level

Husch Blackwell reports USCIS may deny petitions if an employer lowers the offered wage after selection. The petition must match what was registered.

Expect employers to check job codes, locations and wage levels carefully before they register you.

USCIS says the wage level on the registration must be supported. A selected petition should show the same level, job code and location.

If your offer changes after selection, talk to the employer's attorney before anything is filed.

A proposed wage rule could shift levels

In March 2026, the Labor Department proposed raising the wage needed for each level. Level I would move from the 17th to the 34th percentile, and Level IV from the 67th to the 88th.

If finalized, the same salary could fall at a lower level, which would mean fewer lottery entries. It is a proposal only, and no final rule has been reported as of October 2026.

What it means for job seekers

Entry-level roles still qualify, but Level I offers have the lowest odds. Offers at Level III or IV earn three or four entries.

Before cap season, ask employers what wage level they expect to register. Compare offers on level, not just salary.

If you have a US master's degree, you also have the separate 20,000 advanced degree allocation. Cap-exempt employers, such as universities, skip the lottery entirely.

Look for employers that sponsor at your level. Our /h1b-sponsors list and /h1b-jobs pages show companies that filed H-1B petitions in 2025.

This article is general information, not legal advice. Confirm your own situation with an immigration attorney.

Questions

When did the wage-weighted H-1B lottery start?

The final rule took effect February 27, 2026. FY 2027 registration in March 2026 was the first season to use it.

How many entries does a Level I job get?

One. Level II gets two, Level III three and Level IV four.

Is the level based on my salary?

It is based on the highest OEWS wage level your offered wage meets for the job's occupation and location. Salary alone does not decide it.

Can Level I applicants still be selected?

Yes. Fragomen reports 17.7% of FY 2027 selected registrations were at Level I.

Does it apply to the master's cap?

Yes. Alston & Bird reports the weighted process applies to both the regular cap and the advanced degree exemption.

What are my H-1B lottery chances in 2026?

There is no official FY 2027 rate yet. FY 2026 was about 35% under the random lottery, and DHS projected about 15% for Level I and 61% for Level IV under weighting, before registrations fell 38.5%.

How hard is it to get an H-1B now?

Harder at entry level, easier at higher wage levels. A Level IV offer gets four entries and Level I gets one, and cap-exempt employers skip the lottery entirely.