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USCIS Finalizes Weighted Lottery Selection Process for H‑1B Cap Registrations

For a deeper breakdown of how the weighted H‑1B cap selection rule works, visit our full FAQ: The Weighted H‑1B Cap Selection Rule. We walk you through the methodology, timelines and what to expect this cap season. 

Key Point 

  • Beginning with the FY 2027 H‑1B cap season, USCIS will implement a weighted lottery system to strengthen program integrity and prioritize higher‑paid, higher‑skilled workers

Weighted H-1B Lottery  

The Department of Homeland Security (DHS) has finalized a rule that amends the H-1 B cap selection process. The regulation replaces the existing random lottery with a weighted system designed to reduce duplicate filings and ensure visas are allocated more fairly.

  • Effective Date: The rule takes effect February 27, 2026.
  • First Application: The new framework will apply to the FY 2027 cap season (registrations in March 2026 for employment beginning October 1, 2026).
  • Employer‑Based Weighting: Registrations are weighted by employer rather than by individual beneficiary, discouraging duplicate filings.
  • Wage Level Priority: Higher wage levels receive stronger odds of selection, while lower wage levels face reduced odds.
  • Cap Numbers Unchanged: The statutory limits remain at 65,000 regular cap and 20,000 advanced degree exemption.

Background Information

DHS first introduced the weighted H‑1B lottery rule in the summer of 2025 and opened it for public comment. After reviewing feedback, the rule cleared White House OMB review in December 2025. USCIS then published a draft regulation, which it plans to finalize on December 29, 2025.

Access Your FY 2027 H‑1B Planning Guide

The H-1B program remains crucial for attracting and retaining high-skilled talent. However, FY 2027 presents major challenges for HR and mobility teams as rules, costs and selection criteria continue to shift. 

That’s why we created The $100K Question: How Trump’s H‑1B Changes Impact Your 2026 Strategy. This resource serves as a strategic guide to help employers assess risk, prioritize roles and plan budgets amid ongoing policy changes. 

Complete the form to access the full guide and equip your team with the insights necessary to navigate an evolving U.S. immigration landscape.

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy Global is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm. 

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