December 31, 2025
NEW H-1B LOTTERY RULES
There are big changes on the horizon for the 2027 H-1B Lottery Season. New rules have been announced on the process by which US Citizenship and Immigration Services (USCIS) proposes to select H-1B registrations for unique beneficiaries to fill the 85,000 H-1B cap spaces. If the proposals pass the notice and comment period, they will take effect in time for FY 2027 registration, which is expected to take place in February and March 2026.
To date, USCIS used a random selection process in years of high demand, to determine which petitions were selected toward the projected number of petitions needed to reach the annual H-1B numerical allocations. Each registration of a foreign national (beneficiary) by a US company (petitioner) counts as one entry in the lottery except for foreign nationals who have earned a qualifying US master’s or higher degree. The latter group effectively gets two chances as those not chosen in the first round to fill the 20,000 slots reserved for them are included in the “general” pool to fill the remaining 65,000 slots.
The new rules will now use a weighted selection process whereby the number of times a beneficiary is entered into the lottery will be based on each of their assigned OEWS wage levels.
- Wage Level 4 = 4x
- Wage Level 3 = 3x
- Wage Level 2 = 2x
- Wage Level 1 = 1x
A few important things to consider:
- Each unique beneficiary will only be counted once toward the numerical allocation projections, regardless of how many registrations were submitted for that beneficiary or how many times the beneficiary is entered in the selection pool. The additional registrations will increase the beneficiary’s odds of selection.
- The changes in this final rule will apply to all registrations (or petitions, in the event that registration is suspended), including those for the advanced degree exemption, submitted on or after the effective date of the final rule.
- The final rule will also allow USCIS to deny a subsequent new or amended petition or revoke an approved petition if USCIS were to determine that the filing of the new or amended petition, with a lower wage level included, was part of the petitioner’s attempt to unfairly increase odds of selection during the registration process.
Because of the amended basis for selection, the following information must be carefully considered:
- Selection of the highest OEWS wage level that the beneficiary’s wage generally equals or exceeds.
- The SOC code for the proffered position and the area of intended employment.
- Evidence of the basis of the wage level selected on the registration as of the date that the registration
Our law firm will begin opening and preparing H-1B cases eligible for the upcoming cap lottery in the coming weeks. Please reach out to us if you have any questions or wish to review your candidate’s eligibility.