Changes in Upcoming H-1B Visa Lottery

The FY 2027 H-1B cap season will introduce significant changes, including a new wage-based weighted selection system that favours higher-paid beneficiaries and the potential application of a new $100,000 H-1B fee for certain petitions. Employers should begin planning now, including identifying H-1B needs, evaluating offered wages, and assessing fee exposure, ahead of the expected March 2026 cap registration period.

Key developments

• DHS will replace the random H-1B cap lottery with a weighted system based on DOL OEWS wage levels, with higher wage levels receiving greater odds of selection.
• Employers must disclose the applicable OEWS wage level at the registration stage.
• The system is scheduled to take effect February 27, 2026, in time for the FY 2027 cap season.
• A $100,000 H-1B fee may apply to petitions filed or approved for consular notification, particularly for beneficiaries outside the U.S. or not eligible for a change of status.
• These changes may affect employer participation, offered wage strategies, and access to entry-level candidates.

Practical impact

Employers should work closely with immigration counsel to conduct early wage analysis, evaluate cap strategies, and assess potential liability for the new fee before submitting cap registrations.

This alert is provided for informational purposes only and does not constitute legal advice. It is not intended to create, and receipt does not establish, an attorney-client relationship. For assistance, please contact attorney Izidora Levi at [email protected].

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