Published: January 20, 2026
Does a higher wage increase the likelihood of selection for an H-1B visa? On December 29, 2025, the Department of Homeland Security (DHS) issued a new rule governing the selection of H-1B visa recipients through a random lottery.
Effective February 27, 2026, the DHS will categorize H-1B applicants by wage level using the data from the Occupational Employment and Wage Statistics. Let’s walk you through how the weighted wage-based selection process works and how it impacts your H-1B visa application.
Overview of the Weighted Wage-Based H-1B Selection Process
US Citizenship and Immigration Services (USCIS) will utilize a weighted system based on DOL wage data to select workers from the H-1B lottery pool. Unlike the previous randomized lottery, the new system grants more entries to registrations with higher wage levels, meaning H-1 B applicants in higher-paying roles are more likely to be selected.
That selection process aims to propel employers to offer more competitive compensation and petition for higher-skilled positions. Employers must submit the Standard Occupational Classification (SOC) code, the corresponding work location, and the highest wage level for which the salary is eligible. In particular, the lottery selection will be prioritized as follows:
- Level IV Wage Registrations: Fully competent roles receive four entries in the selection pool
- Level III Wage Registrations: Experienced or senior-level positions receive three entries in the selection pool.
- Level II Wage Registrations: Qualified or mid-level roles receive two entries in the selection pool.
- Level I Wage Registrations: Entry-level positions receive one entry in the selection pool
Suppose you’re registered at multiple wage levels. USCIS will apply the lowest wage level when calculating your selection entries. Likewise, multiple registrations won’t change the annual cap. Regardless of the number of registrations submitted, each beneficiary is only counted once per year.
How the Weighted Wage-Based Selection Impacts Your H-1B Visa Application
The new weighted wage-based selection process can change how H-1B employers and applicants should prepare, as it prioritizes higher-wage positions. Here’s how it can affect your H-1B visa application:
- Jobs at higher wage levels are much more likely to be selected in the H-1B lottery.
- H-1B applicants in lower-wage level positions have reduced selection odds than those in higher-paid roles.
- Because selection odds prioritize higher-paying jobs, positions with lower wages are likely to receive fewer H-1B visas.
- Employers must provide specific job information and accurate job information as part of the H-1B registration.
- After the selection notice, employers must provide evidence of the basis for the selected wage, and any inconsistencies may trigger requests for evidence (RFEs) or even denials.
Prepare Your H-1B Visa Application With Our Legal Team
The weighted wage-based system creates a significant hurdle, particularly for entry-level H-1B applicants. Although it still offers opportunities at all levels, the selection process now prioritizes higher-paid positions. That makes it more crucial than ever to optimize wage attestations and filings with a credible Los Angeles immigration lawyer.
Our legal team at ALG Lawyers can help prepare your H-1B visa application and secure a competitive advantage under the weighted wage-based selection process. Schedule a one-on-one immigration consultation with our firm today.
FAQs on Weighted Wage-Based Selection Impacts Your H-1B Visa Application
Will the weighted wage-based selection rule replace the H-1B cap?
The annual H-1B cap remains at 65,000 for regular visas, plus 20,000 for advanced degree holders. Instead, it changes the selection process from a randomized lottery to a wage-weighted system that gives greater weight to higher-paid positions.
Does a higher wage provide a guarantee in the H-1B selection process?
Higher-paid positions maximize the odds as they allow you have multiple entries in the lottery pool. However, a higher wage doesn’t guarantee selection since every registration is still subject to a lottery regardless of wage.
What happens if your actual salary doesn’t match the attested wage level?
If selected, the subsequent Labor Condition Application (LCA) must be equivalent to or higher than the minimum of the attested wage level from registration. Failure to do so violates H-1B labor conditions and typically results in denial of the petition during USCIS adjudication.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)