H-1B Lottery by Wage Level: How the Weighted Selection Works and How to Check Your Odds
Updated 2026-10-02
The H-1B lottery is no longer a pure random draw. Starting with the FY2027 cap season (registration in March 2026), USCIS weights each registration by the wage level of the job offer. A higher salary for the occupation and location now means a better chance of being selected.
What changed
DHS published the final rule on December 24, 2025. Instead of one entry per registration, each registration is entered into the selection pool between one and four times, depending on the highest OEWS prevailing wage level that the offered wage meets or exceeds for the occupation and area of intended employment.
| Wage level | Entries in the lottery | Estimated selection chance* |
|---|---|---|
| Level I (entry) | 1 | ~15% |
| Level II (qualified) | 2 | ~31% |
| Level III (experienced) | 3 | ~46% |
| Level IV (fully competent) | 4 | ~61% |
* Odds are DHS projections for the FY2027 wage-weighted lottery (actual results vary by year and employer). Real odds depend on how many registrations are filed at each level.
How the wage level is determined
- Occupation (SOC code). The employer classifies the job into a Standard Occupational Classification code, for example 15-1252 Software Developers or 29-1141 Registered Nurses.
- Area of intended employment. Prevailing wages differ by metropolitan area. The same salary can be Level III in one city and Level I in another.
- Offered wage. The salary is compared with the four OEWS wage thresholds for that occupation and area.
- Several worksites. If the job covers several locations, the lowest corresponding level may apply.
- Several employers registering the same person. The beneficiary is entered at the lowest wage level among those registrations.
How to check a job before you apply
- Open any job on VisaJob.us and scroll to Salary vs prevailing wage. We estimate the occupation from the job title and show the four wage levels for the area.
- Look at the employer's sponsorship record: how many H-1B labor condition applications they filed, how many petitions USCIS approved and whether they file green cards.
- Ask the recruiter which SOC code and wage level they would use. A small raise can move a job from Level II to Level III.
Ways around the lottery
- Cap-exempt employers. Universities, their affiliated nonprofit hospitals and nonprofit or government research organizations can file H-1B petitions any time of the year with no lottery.
- TN for citizens of Canada and Mexico in professions on the USMCA list (engineers, computer systems analysts, accountants, scientists, nurses and others).
- E-3 for Australians and H-1B1 for citizens of Chile and Singapore: same degree requirement as H-1B, separate quotas that are rarely filled.
- O-1 for people with extraordinary ability: awards, publications, media coverage, high salary, critical roles.
- L-1 transfers after a year with the same company abroad.
- Green card routes: EB-2 (including the national interest waiver), EB-3, and for many nurses EB-3 directly from abroad.
Fees and other 2025–2026 changes
Separately, a $100,000 fee for new H-1B petitions for workers outside the US was announced in 2025; as of September 2026 a federal court ruling keeps it unenforceable while appeals continue — check the current status.
Find jobs
H-1B sponsorship jobs · Employers that sponsor visas · IT jobs · Healthcare jobs · Research jobs
This guide is general information, not legal advice. Immigration rules and fees change often and some are being challenged in court — talk to an immigration attorney about your situation.