Department of Homeland Security’s Weighted Selection Process for H-1B Cap-Subject Petitions

At a Glance

• Although entry-level roles still have a chance of selection, they likely face lower selection odds compared to higher wage roles under the weighted system.
• The final rule will require additional time and scrutiny to confirm the consistency of job details between the registration and H-1B petition, if selected.
• The U.S. Citizenship & Immigration Service has not yet announced the H-1B registration period dates, but it is expected to begin in March 2026.

On December 29, 2025, the Department of Homeland Security (DHS) published a final rule “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” The rule replaces DHS’s tradition of a random lottery for H-1B cap selection with a weighted selection system based on prevailing wage levels. The rule is effective February 27, 2026.

There is an annual statutory cap on H-1B visas available each fiscal year (65,000 regular and 20,000 advanced degree), and the statutory caps remain unchanged. Previously when the number of H-1B registrations exceeded that cap, the U.S. Citizenship & Immigration Service (USCIS) conducted a random lottery. Each beneficiary had an equal chance of selection, regardless of their wage level or job. According to the final rule, “The purpose of this rule is to allow DHS to implement the numerical cap in a way that incentivizes employers to offer higher wages, or to petition for positions requiring higher skills and higher-skilled aliens, that are commensurate with higher wage levels.”

The new system is still beneficiary-centric; and each beneficiary will only be counted once toward the numerical cap, regardless of how many employers register for that beneficiary. The new weighted system assigns multiple entries in the selection pool based on the Occupational Employment and Wage Statistics (OEWS) wage level for the beneficiary’s position as follows:

A beneficiary whose proffered wage meets or exceeds the level four (highest) prevailing will have four (4) entries in the selection pool; the level three (3) wage level will have three (3); level two (2) will have two (2); and level one (lowest) will have one (1).

The wage level used for weighting purposes will be based upon the data associated with the offered position submitted at registration. The final rule indicates that registrations must include detailed information to inform USCIS of the Standard Occupational Classification (SOC) code for the position; the geographic area(s) of intended employment; and the highest OEWS wage level the proffered wage meets or exceeds. Therefore, employers will need to have this information ready for the H-1B registration period. That data must be consistent between the registration and any H-1B petition filed to USCIS, if the registration is selected.

In Conclusion

Although entry-level roles still have a chance of selection, they likely face lower selection odds compared to higher wage roles under the weighted system. The final rule will require additional time and scrutiny to confirm the consistency of job details between the registration and H-1B petition, if selected.

USCIS has not yet announced the H-1B registration period dates, but it is expected to begin in March 2026.