• What is changing in the H‑1B cap lottery?

USCIS will still run a computer selection when demand exceeds the cap, but instead of a purely random lottery, it will be a weighted selection that gives more chances to registrations tied to higher wage levels (OEWS wage levels I–IV).    

• When does this take effect?

The rule is effective 60 days after publication in the Federal Register. Because it was published December 29, 2025, the effective date is February 27, 2026 (60 days later). DHS also states it will be effective in time for the FY 2027 registration period (expected to begin March 2026).    

• Does this change the H‑1B cap numbers (65,000 + 20,000 master’s cap)?

No. The statutory caps remain 65,000 regular cap and 20,000 U.S. master’s (or higher) exemption.    

• Will the U.S. master’s cap still exist?

Yes. DHS indicates the selection process will maintain the two‑stage selection approach that gives U.S. master’s (or higher) beneficiaries a higher chance overall.    

How the weighting works

   

• How many “entries” does each wage level get?

If a random selection is needed, USCIS will enter a beneficiary into the selection pool based on wage level as follows:

• Level IV: 4 entries
• Level III: 3 entries
• Level II: 2 entries
• Level I: 1 entry

   

• What is the wage level based on?

It’s based on the highest OEWS wage level that the proffered wage equals or exceeds for the relevant SOC code and area(s) of intended employment.    

• If the proffered wage is shown as a range, which wage level applies?

USCIS requires selecting the wage level that the lowest wage in the range equals or exceeds.    

• What if the employer uses a non‑OEWS prevailing wage source (e.g., an independent survey)?

For weighting purposes, if the proffered wage is lower than OEWS Level I because it’s based on another legitimate source, the registrant must select “wage level I.”    

• What if OEWS wage data isn’t available for that occupation/location?

In that limited situation, the registrant must select the wage level using DOL prevailing wage guidance.    

• What happens if there are two work locations with different wage levels?

If the beneficiary will work in multiple locations, the registration must use the lowest corresponding OEWS wage level among the locations and list the location tied to that lowest level as the “area of intended employment.” Important: Listing the “lowest‑level” location on the registration does not prevent listing additional concurrent work locations on the petition later.    

• What about remote or hybrid work?

Remote/hybrid arrangements typically involve multiple locations (e.g., office + remote). For registration weighting, USCIS requires using the lowest corresponding wage level among the locations and then listing all worksite addresses at the petition stage.    

• If multiple employers register the same person at different wage levels, which wage level controls?

USCIS assigns the beneficiary to the lowest OEWS wage level among all registrations submitted on that beneficiary’s behalf. Example: If Employer A registers the beneficiary at Level IV but Employer B registers them at Level I, the beneficiary is assigned Level I for weighting.    

• Can multiple registrations increase the beneficiary’s odds?

Not in the way it used to. USCIS counts unique beneficiaries (not the number of registrations) and each beneficiary is counted once toward the cap projections, even though they may be entered multiple times based on wage level. And if a beneficiary has multiple registrations, USCIS assigns the beneficiary to the lowest wage level among them.    

Petition filing rules (what must match the registration)

   

• If selected, can the employer file the petition with different job details than the registration?

The cap‑subject petition must be supported by the same identifying information and position information (including SOC code) that was provided in the selected registration (and reflected on the LCA).    

• Can the employer substitute a different beneficiary after selection?

No. USCIS states the petitioner may not substitute the beneficiary named in the registration.    

• Can the employer “transfer” a selected registration to a different petitioner?

No. USCIS states the registration cannot be transferred to another petitioner.    

• Does the petition wage have to match the wage level used in the registration?

The petition must include a proffered wage that equals or exceeds the prevailing wage for the corresponding OEWS wage level used in the registration, for the SOC code and area(s) of intended employment.    

• What evidence will USCIS expect at the petition stage regarding wage level?

Petitioners must submit evidence of the basis of the wage level selected on the registration as of the date the registration was submitted. DHS notes this could include a printout from DOL’s OFLC Wage Search for the SOC code and area(s) of intended employment.    

• Do OEWS data updates after registration change what wage level applies?

DHS explains the OEWS wage data used for the registration is effectively “locked in” as of the registration submission date, and the petition evidence should reflect that date.    

• Does USCIS “review” registrations before selection?

No—DHS states USCIS does not adjudicate registrations; eligibility scrutiny happens at the petition stage.    

Transfers / amendments after selection

   

• Can I “transfer” to a lower wage level once selected?

Selection rules mainly govern the cap registration + cap petition filing. For the initial cap petition, the proffered wage must still meet the prevailing wage tied to the registration’s wage level. After someone is in H‑1B status, normal H‑1B rules about LCAs and material changes apply (this rule doesn’t rewrite all transfer/amendment rules). But DHS explicitly warns that lowering wage levels in later filings can trigger scrutiny/denial concerns (see next Q).    

• Can I file an amendment later to move to a lower wage level?

USCIS may deny a subsequent new or amended petition filed by the petitioner (or a related entity) if USCIS determines it is part of an attempt to unfairly increase the chance of selection, including changing the proffered wage in a later filing to an amount equivalent to a lower wage level than what was indicated on the registration. DHS also states this is a case‑specific determination and USCIS will compare the registration, original petition, and any later petitions (SOC, location, wage level, etc.) to assess whether the change is gaming vs. legitimate.    

• What if business conditions legitimately change (reorg, budget, relocation)?

DHS says USCIS will look at the totality of the circumstances to determine whether the change is part of an attempt to game the selection process, and notes petitioners would receive notice (e.g., a notice of intent to deny) before denial under the “unfairly increase” provision.    

“Two locations / different wages” and compliance details

   

• If we list the lowest‑wage location at registration, do we have to work there?

DHS expects the “area of intended employment” used at registration will be reflected as a worksite in the petition, and the petition must list all addresses where the beneficiary is expected to work.    

• If we change work location after selection, is that automatically fatal?

Not automatically. DHS says USCIS may find a change in area(s) of intended employment between registration and petition filing permissible in its discretion, if consistent with a bona fide job offer at the time of registration.    

• What if we pick a higher wage level by choosing a particular location/SOC, then later “move” to a lower one?

DHS designed the rules to deter this. Petitions must match registration/LCA details and USCIS may deny or revoke for inconsistency or gaming; later petitions lowering the wage level can be scrutinized under the “unfairly increase chance” provision.    

What must be included in the new registration

   

• What new information is required in the H‑1B cap registration?

On the registration, the registrant must provide (among other requested items):

• The selected OEWS wage level (based on the rules above)
• The job’s SOC code
• The area of intended employment used as the basis for the wage level
• The beneficiary’s valid passport or travel document information
• Any other required information and certifications required by the registration form/instructions

   

• Are there passport rules?

Yes. Each beneficiary must be registered under one valid passport/travel document, and if the beneficiary is abroad, the document information should match the passport/document they intend to use to enter the U.S.    

• What if the passport number changes after registration (renewal, replacement, etc.)?

USCIS may allow changes to identifying information in some circumstances (examples given include name change due to marriage, new passport due to renewal/replacement).    

Timing / rounds / what happens if not enough registrations

   

• How long is the registration window?

The annual initial registration period will last at least 14 calendar days, and USCIS will announce the start/end dates on its website.    

• How much advance notice will USCIS give for the registration start date?

USCIS will announce the start of the initial registration period at least 30 calendar days in advance.    

• What if USCIS receives fewer registrations than needed to meet the cap?

USCIS can keep the registration period open beyond the initial period until it has enough registrations; once it hits a “final registration date,” it may stop accepting registrations, and if there are more than needed as of that date, USCIS conducts the weighted selection.    

• Will there still be additional selection rounds?

Yes. If needed, USCIS may select additional registrations from those “on reserve,” and if that still isn’t enough, USCIS may reopen the registration period.