Terms.Law Forum

h-1B lottery 2027 registration: wage-based changes? — update in comments

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Illustrative scenario prepared by my practice.
This discussion is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult a licensed attorney in your jurisdiction.
Hypothetical question

My employer is getting ready to register me for the H-1B lottery for FY2027. I'm currently on OPT working as a software engineer. My employer's HR keeps mentioning that there might be changes to how the lottery works this year — something about prioritizing higher wages instead of a random selection.

Can someone explain what's actually happening? Is the lottery still random? My salary is $95K which is Level 2 for my area. Should I be worried that I won't get selected if they switch to wage-based selection?

Illustrative response

Good question, and there's a lot of confusion about this right now. Let me clarify the current state of things.

Update, October 2026: Parts of this answer were written before the rule became final and are now out of date. DHS published the final weighted selection rule on December 29, 2025 (90 FR 60864), effective February 27, 2026, and FY2027 (registration period March 4 to 19, 2026) was the first cap season run under it. Thanks to the reader who flagged this.

Current System (FY2027 and later): Selection is no longer a purely random draw. USCIS still selects by unique beneficiary, but each eligible registration enters the selection pool according to the highest OEWS wage level the proffered wage meets or exceeds: Level IV is entered four times, Level III three times, Level II twice, and Level I once. The registration fee is $215 per registration.

Where the Rule Came From: DHS proposed the weighted selection process on September 24, 2025 (90 FR 45986) and finalized it without changes to the regulatory text. It applies to registrations submitted on or after February 27, 2026.

What HAS Changed: The beneficiary-centric selection system is in effect, meaning USCIS selects by unique beneficiary rather than by registration, which eliminated the advantage of having multiple employers submit registrations for the same person. USCIS has also cracked down on fraud related to multiple registrations.

For information on the broader H-1B reform landscape, see /Trump/H1B-Reform/.

At Level 2 wages, your registration is entered into the pool twice: better odds than a Level 1 registration, lower odds than Level 3 or Level 4. Make sure your employer reports the wage level accurately, because it is part of the registration itself.

Illustrative response

Thanks, that's reassuring. One follow-up — my employer is a mid-size company (about 200 employees) and they've only sponsored H-1Bs a few times before. Is there anything they should be doing differently this cycle to make sure the registration goes smoothly? I'm a little nervous about them making a mistake.

Illustrative response

Not gonna lie, a few things to make sure your employer has buttoned up:

  • They need a valid myUSCIS online account with the organization's legal name and EIN. If they don't already have one, set it up now — don't wait until the registration window opens.
  • Make sure your passport information is entered exactly as it appears on your passport. Any discrepancy between the registration and the eventual petition can cause problems.
  • The registration fee is $215 per beneficiary (as of FY2026 — verify for FY2027 as it may increase). The $10 fee era is over.
  • If your employer is using an immigration attorney to handle the registration, get that relationship established now, not the week before the window opens.

Also, make sure your OPT doesn't expire before October 1. If you're on standard OPT (not STEM), check whether you have cap-gap protection. Cap-gap extends your F-1 status and OPT work authorization until April 1 of the fiscal year for which H-1B status is requested (or the petition's validity start date, if earlier) while a timely-filed cap petition is pending or approved, so it only helps if your registration is selected and your employer files.

Illustrative response

I'm also registering this year — third time trying. Didn't get picked the last two years. What are the actual odds? I keep hearing different numbers.

Also, is there any truth to the rumor that USCIS is going to increase the cap? I saw something about it on Twitter but couldn't find an official source.

Illustrative response

For FY2026, USCIS reported 343,981 eligible registrations (358,737 total) and selected 120,141 registrations for 85,000 slots (65,000 regular + 20,000 master's cap), roughly 35% of eligible registrations. The 470,000 figure people quote is FY2025 (470,342 eligible registrations). FY2027 was the first weighted draw, so odds now depend on wage level rather than one flat rate.

Regarding a cap increase — there's no legislation currently moving through Congress that would increase the H-1B cap. The cap has been set at 65,000+20,000 since 2005. Any change would require an act of Congress, and in the current political environment, comprehensive immigration reform is unlikely. Don't rely on social media rumors for immigration policy — always check uscis.gov or the Federal Register for actual regulatory changes.