The H-1B Visa Lottery Is No Longer Random: Understanding the New Wage-Weighted Lottery
The Department of Homeland Security has announced a consequential change to the H-1B program which will change how USCIS selects H-1B registrations. The new wage-weighted selection process will move away from the existing random lottery process.
From Random Chance to Wage-Based Selection
Each year USCIS has historically utilized a random lottery in the selection of the 85,000 new cap-subject H-1B visas. Under the new DHS rule, wage level, not chance, will drive the selection probability.
Under current H-1B regulations, employers are required to pay H-1B employees the higher of the prevailing wage for the role in the geographic area, or the actual wage paid to similarly employed workers. The prevailing wage system divides roles into four wage levels, reflecting the role’s complexity, experience requirements, and responsibility:
Level I – entry-level roles
Level II – roles requiring some experience
Level III – fully competent, experienced roles
Level IV – highly experienced or senior roles
Under the new rule, each H-1B registration will be entered into the lottery multiple times based on its wage level:
Level I → 1 entry
Level II → 2 entries
Level III → 3 entries
Level IV → 4 entries
In simple terms, higher-paying roles will receive multiple entries in the lottery, dramatically increasing their odds of selection. This represents a major departure from prior years, where wage level had no impact on selection chances.
What This Means for Employers
Employers should assess their upcoming workforce needs NOW (before the upcoming March H-1B lottery opens up) to identify whether any foreign national employees will require H-1B visa sponsorship. These individuals may include:
New graduating foreign students in the U.S.
Overseas individuals seeking to start work in the U.S.
Foreign individuals in the U.S. already working under a different nonimmigrant status for a different employer and are seeking to change jobs
Additionally, employers should evaluate the wage they intend to pay the candidate starting October 1st to help gauge selection odds.
What This Means for International Students & Professionals
For foreign nationals, especially F-1 students, recent graduates, and early-career professionals, this change is significant and understanding how your role is classified and what wage level your employer plans to use is critical. Talk with your employer about the importance of the offered wage to the success of getting your H-1B registration selected in the lottery.
The Bigger Picture
The H-1B program has long been criticized as a game of chance. This new rule reflects a clear policy shift that will prioritize higher-wage and higher-skill roles. Whether this leads to better outcomes for the US economy and labor market is to be determined, but one thing is clear: the H-1B lottery is no longer a level playing field.
The H-1B registrations will open in early March and the registration will close in matter of weeks. After the 2026 H-1B visas are gone, employers will have to wait until March 2027 to file H-1B registrations again, and foreign employees may lose their lawful status and authorization to work.
If you have any questions about the H-1B visa process, contact me.