The H-1B lottery is now weighted by wage level. The Department of Labor splits pay for each occupation and area into four levels, from Level I for entry-level jobs to Level IV for senior ones. Level I is now entered once, Level II twice, Level III three times and Level IV four times. The rule took effect February 27, 2026 and applies from the FY 2027 lottery. FY 2027 is the government’s 2027 fiscal year: that lottery was held in spring 2026, and people selected could start H-1B work as early as October 1, 2026.
DHS proposed the change on September 24, 2025, published the final rule (RIN 1615-AD01) on December 29, 2025, and it took effect February 27, 2026.
In the lottery, USCIS enters each person 1 to 4 times based on the OEWS wage level for the offered job. The level reflects pay for that occupation in that work location, not just the salary figure. Each person still counts once no matter how many employers register them. The order of draws is unchanged: the regular cap is drawn first, then people with U.S. master’s or higher degrees who were not picked go into a second draw for the advanced-degree cap.
The weighted lottery ties the job you take to your odds. Graduates with entry-level offers now have to weigh lottery chances alongside pay and career growth when comparing offers. The same salary can land in a different level in another city or under a different occupation code.
Entry-level jobs are usually Level I and get one entry; roles needing more experience, at higher levels, have the edge. Salary alone does not tell you the level.
Lin and Chen both register for the H-1B lottery, Lin at wage Level I and Chen at Level IV. Lin is entered once and Chen four times; whether either is picked still depends on how many people register that year.
Wage level depends on the occupation and the work location. Comparing salary numbers across cities or roles can mislead you about your odds.
Li has two $100,000 offers for different jobs in different cities. Wage level is set by occupation and local wage data, so the two offers may fall in different levels and get different numbers of entries.
Chen hopes a raise will improve his odds. What matters is whether the raise moves him up a level; if he stays in the same level, his number of entries doesn’t change.
Employers will check more carefully that the role matches the wage data. The level has to reflect the real duties, and filings must be accurate.
Our view: higher levels will keep their edge, but how much it helps depends on who registers each year. If new fees or higher wage floors also take effect, employer budgets could cancel out part of that edge.
Pick a situation to see what it would mean for you. The three are side-by-side possibilities, in no particular order.
Assumption: The rule stays and the mix of registrants doesn’t change much.
These scenarios are our analysis and get updated as new documents come out.
DHS completed the proposal, public comment and final rule. The rule took effect February 27, 2026 and weights the lottery by wage level from FY 2027.
On the start date the new rule is enforced; a court stay or injunction can halt it.
DHS proposed the wage-weighted lottery.
DHS published the final rule, keeping 1 to 4 entries for Levels I to IV.
The rule took effect and was used for the FY 2027 H-1B lottery.