DHS’s Proposed “Salary-Weighted” H-1B Lottery System for FY2027
DHS has proposed a "weighted lottery" system that would allot more entries in the lottery to those getting paid higher wages. This new system would still give entrants in lower-paid roles a chance, but would favor those at the higher end of the pay scale.
H-1B roles and compensation are applied to a wage level system based on the requirements of the job and the salary the employer will pay the employee. These wage levels, ranging from I to IV, already have a place in the current system, but they don't play a role in how many times a person can be entered into the lottery. Currently, you can only be entered once, no matter how high your potential salary might be. Under the new system, this would change.
DHS' proposal, if published in current form (and it currently is in the rulemaking stage), it would mean that:
Registrations for beneficiaries assigned to wage level I would be entered into the lottery once.
Registrations for beneficiaries assigned to wage level II would be entered into the lottery two times.
Registrations for beneficiaries assigned to wage level III would be entered into the lottery three times.
Registrations for beneficiaries assigned to wage level IV would be entered into the lottery four times.
Registrants in the wage level I category would get a chance under this new system, but as the wage level increases, so does the number of entries. This system would see decreased odds of selection for level I and level II candidates and increased odds for those at levels III and IV. According to DHS, this will make H-1B employers more likely to offer higher wages and positions requiring more specialized skill sets, and they will be rewarded with more entries if they do so.
These rules are not finalized at the moment. The proposal was been published in the Federal Register, and the public comment period, which opened on September 24th, 2025, must continue for at least 30 days. If the new system does end up being implemented, the proposal will go into effect in time for FY2027 H-1B CAP lottery that is taking place in early 2026.
Big changes are taking place, but employers can stay in the loop and stay prepared through these updates and by keeping in touch with us. We’ll continue to bring these to you as much as we can.
