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H-1B lottery 2027 registration — wage-based changes?

Started by TechWorkerH1B · Feb 25, 2026 · 6 replies
This discussion is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult a licensed attorney in your jurisdiction.
TW
TechWorkerH1B OP

My employer is getting ready to register me for the H-1B lottery for FY2027. I'm currently on OPT working as a software engineer. My employer's HR keeps mentioning that there might be changes to how the lottery works this year — something about prioritizing higher wages instead of a random selection.

Can someone explain what's actually happening? Is the lottery still random? My salary is $95K which is Level 2 for my area. Should I be worried that I won't get selected if they switch to wage-based selection?

IC
ImmigrationCounsel Attorney

Good question, and there's a lot of confusion about this right now. Let me clarify the current state of things.

Current System (FY2027): As of now, the H-1B lottery is still a random selection process. USCIS has not finalized any rule that would switch to a wage-based prioritization system for FY2027 registrations. The registration period is expected to open in March 2026 with the same beneficiary-centric selection process that was implemented in FY2025.

Proposed Wage-Based Changes: There has been a proposed rule (originally from the prior administration) that would prioritize H-1B selections based on wage levels, giving preference to Level 3 and Level 4 wages over Level 1 and Level 2. However, this rule has gone through multiple comment periods and has not been finalized. Even if finalized, it would likely not take effect until FY2028 at the earliest due to implementation timelines.

What HAS Changed: The beneficiary-centric selection system is in effect, meaning USCIS selects by unique beneficiary rather than by registration, which eliminated the advantage of having multiple employers submit registrations for the same person. USCIS has also cracked down on fraud related to multiple registrations.

For information on the broader H-1B reform landscape, see /Trump/H1B-Reform/.

At Level 2 wages, you should be fine under the current random lottery. Your odds are the same as everyone else's. If a wage-based system is ever implemented, Level 2 would be in the middle tier — not the worst position, but not the strongest either.

TW
TechWorkerH1B OP

Thanks, that's reassuring. One follow-up — my employer is a mid-size company (about 200 employees) and they've only sponsored H-1Bs a few times before. Is there anything they should be doing differently this cycle to make sure the registration goes smoothly? I'm a little nervous about them making a mistake.

IC
ImmigrationCounsel Attorney

A few things to make sure your employer has buttoned up:

  • They need a valid myUSCIS online account with the organization's legal name and EIN. If they don't already have one, set it up now — don't wait until the registration window opens.
  • Make sure your passport information is entered exactly as it appears on your passport. Any discrepancy between the registration and the eventual petition can cause problems.
  • The registration fee is $215 per beneficiary (as of FY2026 — verify for FY2027 as it may increase). The $10 fee era is over.
  • If your employer is using an immigration attorney to handle the registration, get that relationship established now, not the week before the window opens.

Also, make sure your OPT doesn't expire before October 1. If you're on standard OPT (not STEM), check whether you have cap-gap protection. Cap-gap automatically extends your OPT and work authorization through September 30 if you have a timely-filed H-1B petition, but only if your registration is selected.

HH
H1BHopeful2027

I'm also registering this year — third time trying. Didn't get picked the last two years. What are the actual odds? I keep hearing different numbers.

Also, is there any truth to the rumor that USCIS is going to increase the cap? I saw something about it on Twitter but couldn't find an official source.

IC
ImmigrationCounsel Attorney

For FY2026, USCIS received approximately 470,000 registrations for 85,000 slots (65,000 regular + 20,000 master's cap). That puts the selection rate at roughly 18%. The rate has hovered between 14-27% in recent years depending on how many multiple registrations are filtered out.

Regarding a cap increase — there's no legislation currently moving through Congress that would increase the H-1B cap. The cap has been set at 65,000+20,000 since 2005. Any change would require an act of Congress, and in the current political environment, comprehensive immigration reform is unlikely. Don't rely on social media rumors for immigration policy — always check uscis.gov or the Federal Register for actual regulatory changes.

EH
EmployerHRPerson

HR manager here. We sponsor about 15-20 H-1Bs per year. One piece of advice for employees: make sure your employer understands the new anti-fraud measures. USCIS has been auditing employers who submit large numbers of registrations relative to their actual need. If your company is registering people speculatively without genuine job offers, that's going to create problems.

Also, the USCIS portal has had technical issues during past registration windows. Don't wait until the last day. We always register our candidates in the first 48 hours of the window opening, just in case there are system problems later.