The number of H-1B visas issued annually is limited to 65,000, with an additional 20,000 for U.S. advanced degree holders. Since the number of applications are usually higher than the statutory limit USCIS must manage the high demand and determine which petitions go towards the projected number of petitions needed to reach the annual H-1B numerical allocations
CURRENT PROCESS: To manage high demand, USCIS conducts a random selection process to reach the annual H-1B numerical allocations. The beneficiary-centric selection process implemented in FY 2020 resulted in a beneficiary having the same chance of being selected, regardless of the number of registrations submitted on his or her behalf.
NEW PROCESS EFFECTIVE FEB 27th, 2026: In place for the upcoming H-1B cap registration season (taking place in March 2026 towards the FY2027 numerical limitation), USCIS will implement a weighted selection process that will increase the likelihood of selection for higher-paid beneficiaries, while continuing to allow participation at all wage levels.
Specifically, when USCIS receives more H1B cap registrations than needed to meet the annual quota, each unique beneficiary will be entered into the selection pool a number of times based on the Occupational Employment and Wage Statistics (OEWS) wage level associated with the offered position. Beneficiaries with the highest offered wage level for their occupation and area of employment would be entered in the selection pool four times, to correspond with the highest tier of the Department of Labor’s wage structure, Level 4. A Level 3 beneficiary would be entered three times; a Level 2 beneficiary, two times; and a Level 1 beneficiary, once.
- Wage Level IV: 4 entries.
- Wage Level III: 3 entries.
- Wage Level II: 2 entries.
- Wage Level I: 1 entry.
WHAT THIS MEANS FOR EMPLOYERS AND BENEFICIARIES: The new rule requires additional information at the registration stage, including the applicable wage level, SOC code, and area of intended employment. For roles with multiple potential worksites, USCIS uses the lowest equivalent wage level across the listed locations.
If selected, petitioners would need to file the H-1B petition demonstrating that the salary, job and location correspond to the selected wage level, occupation and location selected at the time of registration. The USCIS may allow for a change in worksite provided such change is consistent with the requirement of a bona fide job offer at the time of registration.
To conclude, while registrations at all wage levels remain eligible, the rule is expected to favor those with higher salaries by providing them with more chances of selection. Graham Adair will be available to work with employers on information needed and best strategy for any registrations to be filed. Please consult with your Graham Adair attorney if you have case specific or strategy related questions.