The U.S. Department of Homeland Security (DHS) released a notice in the Federal Register on Sept. 24, titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions,” with H-1B lottery for 2027 set to be drastically different.
The proposed “weighted selection process” is designed to give preference to foreign workers who are higher-paid and possess advanced skills. If implemented, which experts say is highly likely, the likelihood of securing H-1B visas for lower-paying or less-skilled roles could significantly decline.
Currently, the H-1B system requires employers or registrants to complete an online registration for every individual they intend to sponsor under the cap-subject category.
In this process, U.S. employers serve as the petitioners, while the foreign nationals they seek to hire are considered the beneficiaries. Once registrations are submitted correctly, USCIS conducts the H-1B lottery, a random selection system to choose from among the eligible beneficiaries.
READ: New H-1B rules favor highly skilled workers; China eyes advantage with K visa (
When a beneficiary is chosen through the random lottery, every U.S. employer that submitted a registration for that individual is issued a selection notice, allowing them to move forward and file an H-1B cap-subject petition on the worker’s behalf.
DHS has suggested revising the current system for selecting registrations, shifting from a fully random lottery to a weighted approach that factors in additional criteria. The proposed “weighted selection process” is intended to encourage employers to provide higher salaries or sponsor roles that demand advanced expertise, aligning visa selections with positions that reflect higher wage levels.
Under the proposal, the OEWS (Occupational Employment and Wage Statistics) wage level would play the central role in determining visa selections. Petitions would be weighted according to the highest wage level that the offered salary meets or surpasses for the relevant SOC code and the location where the worker is expected to be employed.
READ: Nvidia CEO warns $100K H-1B fee could push talent abroad; Canada stands to benefit (
In effect, the system would prioritize candidates according to wage levels. USCIS would begin reviewing registrations at OEWS wage level IV and then move downward through levels III, II, and I. The “proffered wage” refers to the salary an employer commits to paying the selected worker.
Each year, the H-1B program makes 85,000 visas available for specialty occupations, with 20,000 of those set aside for individuals holding advanced degrees from U.S. institutions. Through the proposed Weighted Selection Process, these limited slots would be steered toward workers with stronger skills, higher qualifications, or better pay, rather than being distributed to lower-paid or less-skilled roles.
Securing visas for lower-wage or less-skilled roles could become increasingly difficult under the new framework. On top of that, the $100,000 petition fee presents a significant financial barrier, pushing companies to carefully evaluate whether the cost aligns with their hiring priorities. Together, the higher fees and the weighted selection system would transform the entire H-1B visa system.