Fiscal Year 2027 H-1B Cap Registration Period: March 4, 2026 to March 19, 2026
The H-1B cap registration period for the fiscal year 2027 H-1B cap will run from March 4, 2026, at 12:00 p.m. EST to March 19, 2026, at 12:00 p.m. EST. During this period, H-1B cap-subject registrations must be completed using United States Citizenship and Immigration Services (USCIS) online accounts, along with payment of the $215 registration fee for each registration.
USCIS Changes to H-1B Lottery Selection Process
On December 29, 2025, the Department of Homeland Security (DHS) published a Final Rule that amended the regulations governing the H-1B cap selection process. The Final Rule eliminates the random H‑1B lottery and replaces it with a weighted selection system that favors higher‑paid and higher‑skilled H‑1B workers. The Final Rule becomes effective February 27, 2026, and will apply to the upcoming H‑1B lottery season.
Weighted H-1B Lottery Selection
Previously, USCIS conducted a random, beneficiary‑centric lottery if it received more registrations than needed to meet the numerical cap. Each unique beneficiary was entered once, regardless of the number of registrations submitted for that individual. Under the Final Rule, the H‑1B selection process is now based on a weighted, wage‑tiered system using the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) wage levels I-IV and location of the H-1B job.
During the H-1B registration process, employers will be required to include the Standard Occupational Classification (SOC) code, area of intended employment, and the highest wage level the offered wage meets or exceeds. The higher the wage level, the greater the number of entries the individual will have in the H-1B lottery. USCIS has also calculated the probability of selection and percentage change under the new rule.1
|
OEWS Wage Level |
Entries |
USCIS Probability of Selection |
Percentage Change in Probability of Selection |
|
Level 1 |
1 |
15.29% |
-48% |
|
Level 2 |
2 |
30.58% |
+3% |
|
Level 3 |
3 |
45.87% |
+55% |
|
Level 4 |
4 |
61.6% |
+107% |
.
Employers may need to consider raising wages or promoting potential H-1B lottery candidates to improve their selection odds. This year’s H‑1B lottery season will require significantly more analysis and strategic planning to ensure the most favorable odds of selection.
Please feel free to contact the authors of this Client Alert or your Butzel attorney for more information.
Bushra Malik
248.258.4470
malik@butzel.com
Linda Armstrong
313.983.7476
armstrong@butzel.com
Amany Kasham
313.983.6916
kasham@butzel.com
Clara DeMatteis Mager
313.225.7077
mager@butzel.com
Reginald Pacis
313.983.6929
pacis@butzel.com
Christopher Ammori
313.983.7431
ammori@butzel.com
Krista Hurst
313.225.5353
hurst@butzel.com
Yasmeen Farran
313.225.5303
farran@butzel.com