Major changes are coming to the H-1B visa program. On December 29, 2025, the Department of Homeland Security will publish a Final Rule (90 FR 60864) that fundamentally reshapes how visas are allocated.
Starting February 27, 2026, the “pure” random lottery is being replaced by a Wage-Weighted Selection Process. Here is everything you and your employer need to know before the March 2026 registration season.
1. The Big Shift: From Random to Weighted
For decades, every H-1B registration had an equal chance. Moving forward, your probability of selection will be tied directly to the OEWS Wage Level of the position offered.
Think of it like a raffle where higher-paid roles get more “tickets” in the bucket:
| Wage Level | Equivalent Skill | Entries (Tickets) | Approx. Odds |
| Level IV | Fully Competent | 4 Entries | ~61% |
| Level III | Experienced | 3 Entries | ~45% |
| Level II | Qualified | 2 Entries | ~30% |
| Level I | Entry Level | 1 Entry | ~15% |
The Bottom Line: A Level IV candidate is now statistically four times more likely to be selected than a Level I candidate.
2. New “Registration-First” Requirements
In the past, employers could wait until after the lottery to finalize specific job details. Now, they must commit to these data points at the time of registration in March:
- Mandatory Wage Disclosure: Employers must provide the SOC code, worksite location, and specific wage level upfront.
- The “Lowest Wage” Rule: If the job involves multiple locations, the employer must use the lowest equivalent wage level for weighting.
- No “Shopping” for Odds: If you have offers from multiple employers, USCIS will apply the lowest wage level offered among them to your entries.
3. Strict Integrity Measures
USCIS has introduced “consistency mandates” to ensure employers don’t “game” the system by over-promising salaries to win the lottery.
- Matching Petitions: The final H-1B petition must match the wage level and SOC code provided during registration.
- Revocation Power: USCIS can deny or revoke petitions if they find the wage level was misrepresented just to increase selection odds.
4. The $100,000 H-1B “Restriction Fee”
Adding to the complexity is a new $100,000 fee per beneficiary, introduced via Presidential Proclamation and upheld by federal courts in late 2025. This fee acts as a “tariff” on certain types of H-1B hiring.
Who MUST pay the $100,000?
- Consular Processing: Any worker currently outside the U.S. who needs to interview at a consulate to enter.
- New Cap Petitions from Abroad: Candidates selected in the lottery who are not currently in the U.S.
Who is EXEMPT (No $100k Fee)?
- In-Country Candidates: F-1 students or L-1 workers already in the U.S. doing a “Change of Status.”
- H-1B Renewals: Current holders extending their stay with the same employer.
- Existing Visa Holders: Those who already have a valid H-1B stamp.
Summary: What This Means for You
- For Students (F-1): You are likely exempt from the $100,000 fee, but you face the toughest odds in the lottery if your first job is “Level I.”
- For Professionals Abroad: Hiring from overseas has become significantly more expensive and difficult unless you are in a high-wage (Level III or IV) bracket.
- For Employers: Registration is no longer a “simple” process. It now requires high-level legal strategy and financial commitment months before a worker can start.
Is your company ready for the March 2026 window?The rules are changing fast. Schedule a consultation today to plan your next years’ hiring.