The US is set to shift the selection method for H-1B visas toward more advantageous employment from October 1, 2026, giving more points to those with higher wages. The new system will be used in the FY2027 H-1B cap, and will be based on wages instead of an equal-weight lottery.
The new system will allocate a number of registrations according to the salary requirements for the position being filled. Under the new system, H-1B registrations will receive a limited number of entries to the selection pool, depending on the salary requirement for the job being offered. Higher wage levels will receive more entries, increasing their chances of selection, while workers at the lowest wage level will remain eligible for the lottery.
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The change is particularly relevant for Indian professionals, who account for a large share of H-1B workers.
How the new H-1B selection system works
The amount of entries received into a registration will be dependent upon the highest US Department of Labor Occupational Employment and Wage Statistics (OEWS) wage standard offered for a registering job's occupation and locale.
- Wage Level IV: Four entries
- Wage Level III: Three entries
- Wage Level II: Two entries
- Wage Level I: One entry
This means that the new system does not cut lower-paid jobs out of the H-1B lottery. Rather, it provides more representation for higher paid positions in the selection group.
The Department of Homeland Security has estimated selection probabilities of about 15.29% for Level I, 30.58% for Level II, 45.87% for Level III and 61.16% for Level IV under the assumptions used in its analysis. USCIS has clarified that these figures are estimates and should not be treated as guaranteed selection rates.
Salary details will matter more
The wage information entered at the registration stage will become an important part of the H-1B process.
If a registration is selected, the employer will need to provide evidence supporting the wage level claimed during registration. USCIS says details in the subsequent petition should generally match the registration, including the relevant Standard Occupational Classification (SOC) code and wage information.
If the information does not match, the employer will have to explain the difference and submit supporting evidence. USCIS has warned that an inadequate explanation or lack of evidence could lead to the petition being rejected or denied.
Multiple registrations face scrutiny
USCIS has also warned employers against submitting multiple or duplicate petitions for the same beneficiary.
According to the agency, such filings could lead to denial or revocation, and filing fees may not be refunded.
The agency will also count each unique beneficiary only once toward the H-1B numerical allocation, even if multiple registrations are submitted for that person.
The new system applies to the FY2027 H-1B cap year, which starts on October 1, 2026.
For FY2027 cap-subject petitions, the requested employment start date must be October 1, 2026, or later. USCIS generally does not allow these petitions to be filed more than six months before the requested start date.
The annual H-1B cap itself remains unchanged at 65,000 visas, with another 20,000 slots for beneficiaries with a US master's degree or higher.
For Indian professionals, the key change is that the H-1B lottery will no longer give every eligible registration the same weight. The wage level attached to the offered position will determine how many entries that registration gets in the selection pool.
In effect, the FY2027 cycle moves the H-1B lottery from an equal-entry model to a system where the offered salary and corresponding wage level directly influence selection weight.
