The decades-old random H-1B lottery is being replaced. Under a DHS final rule published December 29, 2025 and effective February 27, 2026, cap-subject H-1B registrations are now entered into the selection pool through a wage-level weighted system rather than a purely random draw. The change was in place for the FY2027 H-1B cap registration season.
How the weighting works. Each registration is tied to the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) wage levels (I through IV). The higher the offered wage relative to the prevailing wage for that occupation and area, the more entries a beneficiary receives in the pool:
- Level IV (highest): entered 4 times
- Level III: entered 3 times
- Level II: entered 2 times
- Level I: entered 1 time
Employers must now report the highest OEWS wage level (I-IV) that the offered salary equals or exceeds for the relevant SOC code and work location on each registration.
The impact on selection odds. The shift dramatically favors higher-paid positions. Under the weighted model, a beneficiary at a Level IV wage sees selection chances rise to over 61 percent, and a Level III beneficiary to over 45 percent — a stark contrast to the roughly even odds of the old random lottery. Entry-level and lower-wage roles, often filled by recent graduates and early-career professionals, face correspondingly lower selection chances.
What it means. The rule pushes employers to offer higher wages to improve their candidates’ odds, and it reshapes strategy for international students and early-career workers who may now find the H-1B path more competitive. For those facing tougher H-1B prospects, employment-based green card routes that do not depend on the lottery — such as the EB-2 National Interest Waiver (NIW) and EB-1A for individuals of extraordinary ability — are drawing renewed interest as alternative or parallel pathways.
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Source: Reddit r/h1b