The Department of Homeland Security has implemented significant changes to the H-1B cap registration process, effective February 27, 2026. For the first time in the program’s history, the FY2027 H-1B lottery will use a wage-based weighted selection system rather than random selection, fundamentally changing how beneficiaries are chosen for H-1B cap-subject positions.
What Is the H-1B Weighted Selection Process?
Under the new H-1B weighted selection process, beneficiaries receive multiple lottery entries based on their offered wage level according to Occupational Employment and Wage Statistics (OEWS) data. The higher the proffered wage, the more entries a beneficiary receives:
- Level I Wage: 1 lottery entry
- Level II Wage or higher: 2 lottery entries
- Level III Wage or higher: 3 lottery entries
- Level IV Wage or higher: 4 lottery entries
This weighted approach aims to prioritize higher-skilled positions that offer competitive wages, while still providing every beneficiary with at least one opportunity for selection.
FY2027 H-1B Registration Timeline
USCIS announced the following schedule for the FY2027 cap season:
- Registration Period Opens: March 4, 2026, at 12:00 PM ET
- Registration Period Closes: March 19, 2026, at 12:00 PM ET
- Selection Notifications: By March 31, 2026
- Petition Filing Period: April 1 through June 30, 2026
The registration fee remains $215 per registration, and submissions continue through the myUSCIS online portal.
How Employers Determine Wage Levels for Registration
Employers must conduct an OEWS wage analysis before submitting registrations. Using the Department of Labor’s Foreign Labor Certification Data Center wage search tool, employers identify the applicable wage levels for their specific Standard Occupational Classification (SOC) code and geographic area of employment.
For example, a software developer position (SOC 15-1252.00) in San Francisco with an offered wage of $175,000 would receive 2 lottery entries because the salary exceeds the Level II threshold but falls below Level III for that location.
Critical Compliance Requirements Under the New System
The H-1B weighted selection process introduces stricter documentation and consistency requirements:
At Registration Stage
Employers must now provide:
- Standard Occupational Classification (SOC) code for the position
- Specific area(s) of intended employment
- Attested offered wage amount
- Determined weighted wage level (I-IV) based on OEWS data
- Complete beneficiary biographical information with valid passport details
Employers must attest under penalty of perjury that the registration reflects a bona fide job offer.
Documentation Retention
Employers should save printouts of DOL OFLC wage data from the registration date. Since OEWS wage levels adjust annually on July 1 and may change throughout the year due to geographic area reclassifications, contemporaneous documentation is essential for demonstrating compliance.
Understanding the “Lowest Wins” Rule
To prevent strategic manipulation, USCIS applies a “lowest wage level” rule in specific circumstances:
Multiple Worksites: If a beneficiary will work at multiple locations, the employer must use the lowest applicable OEWS wage level across all worksites when determining lottery entries.
Multiple Employers: When different employers submit registrations for the same beneficiary, USCIS assigns that beneficiary the number of entries corresponding to the lowest wage level submitted among all registrations.
Wage Ranges: If the position offers a wage range, employers must use the lowest wage in that range to determine the weighted registration wage level.
This rule means that hybrid, remote, or multi-location arrangements may counterintuitively reduce a beneficiary’s selection probability if different locations have different wage levels.
Wage Level vs. Prevailing Wage: An Important Distinction
The OEWS wage level used for the H-1B weighted selection process is separate from the prevailing wage determination required for Labor Condition Applications. These are distinct procedures serving different regulatory purposes:
- Registration Wage Level: Determines lottery entries based on OEWS data
- LCA Prevailing Wage: Satisfies Department of Labor requirements using DOL’s 2009 Wage Guidance
Employers selected in the lottery must still conduct a separate prevailing wage analysis when filing the LCA. The weighted registration wage level and the LCA prevailing wage level may legitimately differ, though employers should be prepared to explain any discrepancies with supporting documentation.
Heightened Scrutiny and Verification
USCIS has stated it will cross-reference information across registrations, Labor Condition Applications, and H-1B petitions to detect lottery manipulation. Employers should expect enhanced scrutiny during petition adjudication.
Discrepancies between registration and petition information may result in:
- Requests for Evidence (RFEs)
- Notices of Intent to Deny (NOIDs)
- Fraud and Abuse Detection and National Security (FDNS) investigations
- Department of Labor audits
- Petition denials or revocations
- Allegations of perjury and potential program debarment
Preparing for the FY2027 Registration Period
Employers should begin preparation immediately by:
- Collecting detailed position descriptions with specific duties and requirements
- Determining accurate SOC codes for each position
- Identifying precise worksite locations, including for remote or hybrid arrangements
- Conducting OEWS wage analysis and documenting results
- Calculating the appropriate weighted registration wage level
- Ensuring offered wages meet or exceed the determined OEWS threshold
- Gathering complete and accurate beneficiary biographical information
For positions involving multiple worksites, alternative wage surveys, or locations without complete OEWS data, additional analysis following Department of Labor prevailing wage determination guidance may be necessary.
Strategic Considerations for Employers
While higher wages increase selection probability, employers must ensure that:
- Job offers are bona fide and reflect positions the employer genuinely intends to fill
- Offered wages are sustainable and align with company compensation structures
- Registration information can be supported by petition-stage documentation
- Any changes between registration and petition filing can be explained with legitimate business justifications
The weighted system favors positions offering competitive market-rate compensation but requires upfront certainty about job location, duties, and wage levels.
How Ahluwalia Law Offices Can Assist
The new H-1B weighted selection process introduces complexity requiring careful planning and precise execution. Our immigration attorneys provide comprehensive support including wage level analysis, registration strategy, documentation preparation, and petition filing to maximize your success under the new system while ensuring full regulatory compliance.
For personalized guidance on the FY2027 H-1B registration process, contact Ahluwalia Law Offices to discuss your specific hiring needs and develop a compliant registration strategy.
