USCIS has announced proposed revisions to the H-1B cap registration system that could significantly change how beneficiaries are selected for FY 2027.
If implemented, the changes would move the H-1B lottery away from a purely random selection model and toward a weighted system tied to wage levels.
For employers, this represents a meaningful shift in strategy and planning.
What Is Changing?
Under the proposal, USCIS would continue requiring electronic registrations during the designated registration period. However, when the number of registrations exceeds the annual cap, selection would no longer be fully random.
Instead, USCIS would:
- Assign each unique beneficiary to the lowest applicable OEWS wage level among all registrations submitted for that individual; and
- Enter the beneficiary into the selection pool multiple times based on that wage level.
The weighting structure would operate as follows:
- Wage Level IV → entered 4 times
- Wage Level III → entered 3 times
- Wage Level II → entered 2 times
- Wage Level I → entered 1 time
This effectively increases the statistical likelihood of selection for higher wage offers.
Why This Matters
For several years, the H-1B cap selection process has been fully randomized among properly submitted registrations. The proposed model changes that.
If adopted:
- Higher-paid positions may have improved selection odds.
- Entry-level wage roles could face comparatively lower odds.
- Salary planning may become strategically important at the registration stage.
This would shift part of the competitive advantage from volume of filings to compensation structure.
Wage Level Selection Requirements
The proposed registration system would require registrants to:
- Identify the highest OEWS wage level that the proffered wage equals or exceeds.
- Select the lowest applicable wage level if multiple work locations or roles are involved.
- Use Department of Labor guidance if OEWS wage data is unavailable.
- Base wage level selection on the lowest wage in a stated salary range.
These details are important because they directly affect how many times a beneficiary enters the selection pool.
Other Notable Elements
The proposal maintains several existing safeguards:
- Only one registration per beneficiary per fiscal year.
- Duplicate registrations will invalidate all submissions for that beneficiary.
- Registrants may submit up to 250 registrations per submission batch.
- Payment must successfully clear or the registration becomes invalid.
The annual registration period will last at least 14 days and begin at least 14 days before H-1B petitions may be filed for that fiscal year.
Strategic Considerations for Employers
If finalized, employers should evaluate:
- Whether wage levels align with business compensation policies.
- Budget planning for H-1B-dependent roles.
- Early coordination between HR, payroll, and immigration counsel.
- Documentation of prevailing wage methodology.
Employers may also need to reassess whether certain roles are better positioned under alternative visa classifications.
Comparison: Current vs. Proposed Selection System
| Feature | Current System | Proposed FY 2027 System |
| Selection Method | Fully random | Weighted by wage level |
| Wage Impact | No effect on selection odds | Higher wages increase selection entries |
| Multiple Locations | No weighting impact | Lowest wage level controls weighting |
| Duplicate Registrations | Invalid | Invalid |
| Registration Cap | Annual numerical cap | Annual numerical cap |
Frequently Asked Questions
Is the weighted lottery final?
No. USCIS has issued this as a proposed change. It must complete the rulemaking process before implementation.
Would this apply to advanced degree cap cases?
Yes. A similar weighted process would apply to those eligible for the advanced degree exemption.
Does this mean Level I wages will not be selected?
No. Level I registrations would still be entered into the pool — but fewer times than higher wage levels.
Should employers increase wages solely to improve lottery chances?
Compensation decisions should be based on legitimate business needs and compliance requirements, not solely lottery strategy.
Final Thoughts
The proposed weighted selection system represents one of the most significant structural shifts to the H-1B cap process in years.
If implemented, wage strategy and workforce planning will become even more important during registration season.
Employers should monitor developments closely and begin internal discussions now in anticipation of FY 2027 registration.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.