Guide
The wage-weighted H-1B selection rule
From the FY2027 cap season on, the H-1B cap draw weights each beneficiary by wage level. Primary sources, plain words, and an example from the data.
Data, not advice. This page explains public data. It is not legal advice and does not decide which wage level, occupation or filing applies to any job or person. Employers and their counsel make those decisions.
What changed
On December 29, 2025, DHS published a final rule in the Federal Register (90 FR 60864) replacing the purely random H-1B cap selection with a weighted one. The rule took effect on February 27, 2026 and applies starting with the fiscal year 2027 cap season, the registration period of March 2026. The draw is still random; the weighting applies only when USCIS receives more registrations for unique beneficiaries than it projects it needs to reach the cap. The text is now in the Code of Federal Regulations at 8 CFR 214.2(h)(8)(iii)(A).
Legal status as of 2026-10-22
On 2026-10-22 the eCFR showed the weighted selection text in force, USCIS's cap season page (last updated September 21, 2026) described weighted selection as implemented starting in FY2027, and a DHS proposed rule published August 25, 2026 (91 FR 54817) described the process as in use. We found no court order blocking or setting aside the rule. That is a point-in-time check, not a legal opinion: litigation or a new rule could change it, so confirm on uscis.gov before relying on it.
How the weighting works
USCIS states that selection is generally based on the highest OEWS wage level that the beneficiary's proffered wage equals or exceeds for the relevant SOC code and area or areas of intended employment. Each unique beneficiary is entered into the selection pool a number of times by that level:
| Assigned wage level | Entries in the pool |
|---|---|
| Level I | 1 |
| Level II | 2 |
| Level III | 3 |
| Level IV | 4 |
Each unique beneficiary still counts once toward the numerical allocation, however many entries they hold (USCIS, H-1B Cap Season page). USCIS says registrants must provide the highest OEWS wage level that the proffered wage meets or exceeds, for the relevant SOC code and area of intended employment.
The regulation adds these rules for choosing the level (8 CFR 214.2(h)(8)(iii)(A)(4)):
- If the offered wage is a range, the level is the one the lowest wage in the range meets.
- If the beneficiary will work in more than one location, the registrant selects the lowest level the wage meets across those locations.
- If the wage is below OEWS Level I because it rests on another legitimate or independent authoritative wage source, the registration is Level I.
- If several registrations name the same beneficiary, USCIS uses the lowest level among them.
- Where there is no current OEWS wage for the position, the registrant selects the level that matches the job's requirements under DOL's prevailing wage guidance.
What it means for wage levels
The practical effect is that the level a wage maps to now carries weight. The weights are entries, not probabilities: four entries against one means a Level IV beneficiary is drawn from the pool with four times the weight of a Level I beneficiary, while the chance of selection depends on how many entries everyone else holds, which is not published in advance.
A worked example from the data
Take Software Developers in San Jose-Sunnyvale-Santa Clara, CA, the largest group in this data. Placing the four levels at the percentiles DOL describes gives estimated thresholds of $154,861 for Level I, $187,856 for Level II, $213,110 for Level III, $221,930 for Level IV. Under the rule, a registration with a proffered wage of $187,856 would be assigned the highest level that wage meets or exceeds, Level II, with 2 entries; a proffered wage of $213,110 would be Level III, with 3 entries. The estimated gap between those two wages is $25,254. These thresholds are estimates; the registration level comes from DOL's published OEWS wage levels for the job's SOC code and area, and the rules on ranges, several worksites and several registrations above can put a registration at a lower level than its headline wage suggests.
Two cautions. First, the wage level on a Labor Condition Application, which this site summarizes, is a different field from the level assigned at registration, see wage levels explained. Second, DOL's March 27, 2026 proposal (91 FR 15454) would raise the percentiles behind each level (to the 34th, 52nd, 70th and 88th). If it were finalized, the same wage could map to a lower level than it does today. As of 2026-10-22 the Federal Register lists no final rule for it.
Dates
USCIS's registration page (last updated September 21, 2026) says the FY2027 initial registration period opened at noon Eastern on March 4, 2026 and ran through 5:00 p.m. Eastern on March 19, that USCIS intended to notify selected registrants by March 31, and that the earliest filing date for selected petitions was April 1. It also states that USCIS has received enough petitions to reach the FY2027 regular cap and the master's cap. The USCIS pages we checked on 2026-10-22 do not give FY2028 registration dates; check uscis.gov before planning around one.
To see where a specific wage falls against the data, use the offer check.
Questions
Does Level IV guarantee selection?
No. A Level IV beneficiary is entered into the pool four times, but the draw is still random within the weighted pool, and the number of entries other registrants hold is not known in advance.
Where do I find the level for a job?
In the DOL OFLC Wage Search: choose the occupation and area and read the OES wage levels. USCIS says the level is based on the SOC code and the area or areas of intended employment. Which level a registration must report is the employer's call, made with its counsel; this page cannot decide it.
Does the rule set what employers must pay?
The Federal Register notice says the rule does not mandate what wages employers must pay, and that employers must still comply with the requirements that protect U.S. workers' wages and working conditions.
Stay current
Registration-season notes by email
A short note before each registration season and when the rules or the data change.