FY2027 H-1B Lottery: How the Weighted Selection System Works

Updated 2026-04-23 · Based on DHS final rule published December 29, 2025

Key Change: Starting FY2027, H-1B cap selection is no longer random. Higher-paying positions receive more lottery entries, dramatically changing who gets selected.

What Changed?

For years, the H-1B cap lottery was a pure random draw — every registrant had roughly the same ~30% chance regardless of salary. The new system, finalized via Federal Register rule on December 29, 2025, introduces wage-weighted selection.

Each registration now receives a number of "entries" based on its wage level relative to the prevailing wage for that occupation and geographic area:

1xLevel I
2xLevel II
3xLevel III
4xLevel IV

Selection Probability by Wage Level

Based on DHS projections and analysis of registration patterns:

Wage LevelOld SystemNew SystemChangeWhat This Means
Level I~30%~16%-48%Nearly half as likely to be selected
Level II~30%~31%+3%Roughly the same as before
Level III~30%~45%+55%Significantly better odds
Level IV~30%~61%+107%More likely selected than not

Who Benefits and Who Doesn't

Winners:

Losers:

Strategies to Maximize Your Lottery Chances

1. Negotiate the Highest Possible Base Salary

The difference between Level I and Level II is the difference between 1 and 2 lottery entries. Even a $5,000-$10,000 salary increase could push you to the next level and double your odds.

2. Understand Geographic Wage Arbitrage

Prevailing wage thresholds vary massively by metro area. A $130,000 salary for a Software Developer is:

For remote workers, the work location determines the wage level. This creates significant strategic considerations.

3. Choose the Right SOC Code

Different SOC codes have different wage thresholds. Work with your employer and immigration attorney to select the most appropriate — and ideally most favorable — SOC code that accurately reflects the position's duties.

4. Avoid Multiple Worksites When Possible

USCIS uses the lowest wage level across all listed work locations. If one location drags down your level, consider whether the position truly requires that worksite.

5. Time Your Filing

OFLC updates prevailing wages annually. New thresholds may shift your level up or down. Check current rates before your employer files.

H-1B Cap Numbers

The annual H-1B cap remains unchanged:

Check Your Wage Level

Use our free Wage Level Calculator to see your level and lottery odds. Or read our H-1B Wage Level Guide for a complete explainer.