H-1B Weighted Lottery: How Wage Levels Change Your Selection Odds

The H-1B lottery is no longer a pure random draw. Since the FY2027 season (registration in March 2026), USCIS gives each registration 1 to 4 entries based on the wage level of the job offer, so a higher-paid offer has a better chance of selection. The wage level comes from the Department of Labor’s OEWS wage data for the occupation and work location.

Key points

• Level I = 1 entry, Level II = 2, Level III = 3, Level IV = 4. Each person can still be selected only once.
• The rule took effect February 27, 2026 and was first used for the FY2027 lottery. USCIS reached the cap and, according to law-firm reports, ran no second round.
• The wage level in the registration must match the later petition and Labor Condition Application (LCA).
• A Department of Labor proposal (March 2026) would raise the pay needed for every level. As of October 11, 2026 it is still only proposed.
• The $100,000 H-1B payment is currently blocked by courts, and a separate $103,265 fee for cap petitions is only proposed. Neither changes how the lottery weighting works.

How the weighted selection works

Before 2026, every eligible beneficiary had the same chance in the lottery. DHS published a final rule in December 2025 that replaced this with weighted selection, effective February 27, 2026. The USCIS H-1B page links to the cap season and registration details and describes the current process.

OEWS wage level of the offer	Entries in the selection pool
Level IV	4
Level III	3
Level II	2
Level I	1

Three other rules still apply:

1. Beneficiary-centric selection. Since FY2025, USCIS selects by unique person, not by registration. If several employers register the same person, that person is entered once. If those registrations show different wage levels, the person is entered at the lowest of them. If selected, every employer that registered them can file.
2. Two selection rounds. USCIS first selects for the 65,000 regular cap from all registrations. Then it selects for the 20,000 advanced degree exemption from the remaining people with a US master’s degree or higher. Weighting applies in both rounds.
3. If registrations fall below the cap, everyone properly registered is selected and weighting does not matter.

The registration fee is $215 per beneficiary (USCIS fee schedule G-1055, edition 10/07/26).

What “wage level” means here

The Department of Labor’s Occupational Employment and Wage Statistics (OEWS) program publishes four wage levels for each occupation code (SOC code) and each metropolitan area. Your level is the highest level that the offered salary equals or exceeds for that occupation in that area.

This has practical effects:

• The same salary can be Level IV in a low-wage area and Level II in an expensive city.
• Choosing the occupation code matters. A software developer and a computer systems analyst have different wage tables.
• If the job may be performed in more than one location, the rule uses the lowest wage level that applies across those locations. Employers cannot pick the most favorable area.
• If no OEWS wage applies (for example, the employer uses a private wage survey or a collective bargaining wage), the registration rules set out how the level is determined. Ask the employer’s immigration counsel.

What the selection odds look like

USCIS had not published an official breakdown of FY2027 selections by wage level when we checked on October 11, 2026, so we will not quote selection rates. What can be said with confidence:

• A Level IV registration has four times the weight of a Level I registration in each draw. Because selection happens without replacement, the actual probability gap is somewhat smaller than 4 to 1, but it is large.
• The total number of registrations, and how many sit at each level, decides the real odds. If many registrations move up a level, everyone’s odds shift.
• Master’s degree holders still get a second chance in the advanced degree round, now also weighted.

When USCIS publishes data for the season, it appears on its H-1B cap season pages. Treat any odds figure on social media as unofficial unless it links to USCIS data.

The registration has to match the petition

A higher wage level only helps if it is real. The employer states the wage level when registering. If the person is selected, the H-1B petition and the certified LCA must support that same level or higher. USCIS can deny or revoke a petition where the wage level in the petition is lower than the one claimed at registration.

An employer that promises Level III at registration therefore commits to paying at least the Level III wage for the occupation and area once the worker starts.

The pending DOL wage rule

On March 26, 2026, the Department of Labor proposed raising the prevailing wage levels for H-1B, H-1B1, E-3 and PERM. The proposal keeps four levels but raises the percentile each level is pegged to:

Wage level	Current percentile	Proposed percentile
Level I	17th	34th
Level II	about 34th	52nd
Level III	about 50th	70th
Level IV	67th	88th

The comment period closed in late May 2026. As of October 11, 2026, no final rule has been published, and there is no effective date. A similar 2020 attempt was struck down in court, so a final version may also face litigation.

If the rule is finalized, the salary needed to reach each level would rise. A job that counts as Level III today could fall to Level II, which would reduce its lottery weight.

Fees and court cases around the lottery

These sit beside the weighted lottery, not inside it:

• $100,000 proclamation payment: Not being collected. The District of Massachusetts vacated the agency’s implementing guidance on June 8, 2026 (California v. Mullin), and the First Circuit refused to stay that order on July 24, 2026. On September 30, 2026, the Northern District of California (Global Nurse Force v. Trump) also struck down the policies, including the September 18, 2026 proclamation that would have extended the payment to September 21, 2027. USCIS says it is complying while it considers next steps, and appeals are pending. See our post on the $100,000 H-1B fee.
• $103,265 cap petition fee: Proposed by DHS in August 2026. Comments closed September 24, 2026. Not in effect.
• Normal petition fees still apply after selection, including the I-129 fee ($780 paper / $730 online, or $460 for small employers and nonprofits), the Asylum Program Fee, the $500 fraud fee and the ACWIA fee.

For the full sequence from registration to visa stamping, read our H-1B visa process guide.

Planning for FY2028

USCIS has not announced the FY2028 registration dates. Registration has usually opened in March. Points that employers and candidates often discuss with counsel:

1. Check the wage level early. Look up the OEWS wage for the right SOC code and area on the Department of Labor’s FLAG wage search. Know which level the current offer reaches.
2. Watch the DOL rule. If it becomes final before March 2027, levels may be recalculated against higher thresholds.
3. Confirm the worksite. Remote or multi-site roles may be pulled down to the lowest applicable level.
4. Consider alternatives that skip the lottery. Cap-exempt employers (universities, affiliated nonprofits and nonprofit or government research organizations) are not subject to the cap. The O-1 visa has no cap. Students may have time left on STEM OPT, and cap-gap protection extends F-1 status for students with a timely filed cap petition and change of status request.
5. Do not overstate the wage. A registration claiming a level the employer will not pay creates a denial risk.

This is general information, not legal advice. Wage-level choices involve occupation classification and labor law, so the employer should work with a licensed US immigration attorney.

What to do next

• Find your occupation’s OEWS wage levels for your work location and compare them with your offer.
• Ask your employer which SOC code and wage level it plans to use for FY2028.
• Track rule changes on our updates page and the US hub.
• Re-check the USCIS H-1B cap season page in early 2027 for registration dates.