H-1B Selection Rules Change in 2026 as Higher Wages Gain More Weight

The U.S. H-1B visa process has changed significantly for the fiscal year 2027 cap season, with higher-paid positions now receiving better odds in the selection process and employers facing higher filing-related costs.

The most important change is that USCIS has replaced the previous equal-chance computerized selection with a weighted selection process based on wage level. The rule took effect on February 27, 2026, and applies to the FY 2027 H-1B cap registration season. USCIS

Higher Wage Levels Receive More Weight

The new system still uses a computerized selection process when registrations exceed the annual H-1B cap, but registrations are no longer treated equally.

USCIS now gives registrations additional weight based on the Department of Labor’s Occupational Employment and Wage Statistics wage levels:

• Wage Level IV: four entries in the selection pool

• Wage Level III: three entries

• Wage Level II: two entries

• Wage Level I: one entry

The system therefore favors higher-paid and generally more experienced positions while still allowing entry-level registrations to participate. USCIS requires employers to identify the highest applicable OEWS wage level supported by the offered salary. Federal Register

Calling the change an end to the lottery can be misleading. It remains a lottery-style selection when demand exceeds available visas, but the odds are now weighted rather than equal.

$100,000 Payment Applies to Certain Overseas Cases

A separate federal policy requires a $100,000 supplemental payment for certain new H-1B petitions involving beneficiaries who are outside the United States and seeking entry to perform H-1B work.

The requirement began on September 21, 2025, and was established for a 12-month period unless extended. It does not automatically apply to every H-1B filing, and the government may grant national-interest exceptions for particular workers, employers or industries. Employers should review the USCIS guidance carefully before assuming that the payment applies to a specific case. Federal Register

Premium Processing Fee Rises to $2,965

USCIS also increased the optional premium processing fee for H-1B petitions from $2,805 to $2,965.

The increase applies to premium processing requests submitted on or after March 1, 2026. Premium processing is optional and does not improve the merits of a petition or the chance of selection; it only provides faster USCIS action within the applicable premium-processing timeframe. USCIS

Labor Department Proposes Higher Prevailing Wages

The Department of Labor has separately proposed changes to the method used to calculate prevailing wages for H-1B, H-1B1, E-3 and permanent labor certification cases.

The proposal would use revised percentile thresholds based on federal wage data, potentially increasing the wage employers must pay in many occupations and locations. However, this remains a proposed rule, not a final requirement. The claim that all four wage levels have already risen by 21% to 33% is therefore not yet an across-the-board rule in force. Federal Register

Employers must continue to pay at least the higher of the applicable prevailing wage or the actual wage paid to similarly employed workers. Department of Labor

Possible Expansion of the $4,000 Employer Fee

Certain employers with at least 50 U.S. employees, more than half of whom are in H-1B or L-1 status, already pay an additional $4,000 H-1B fee for specified petitions.

A federal regulatory agenda indicates that the government is considering applying this fee to all H-1B extension petitions filed by covered employers. That expansion should be treated as pending until a final rule takes effect. Federal Register

What the Changes Mean for Employers and Applicants

For employers, the weighted system makes the offered wage and correct wage-level classification more important at the registration stage. Entry-level roles remain eligible, but they receive fewer chances than higher-wage positions.

For prospective workers, the changes may improve selection prospects for experienced professionals in higher-paid roles while making entry-level H-1B opportunities more competitive.

The combined effect of weighted selection, higher premium-processing fees and possible wage increases may also raise the cost of sponsoring foreign workers. Employers should verify each case using current USCIS and Department of Labor guidance and obtain qualified immigration advice before filing.