Immigration Newswire

Changes to upcoming H-1B cap lottery selection process

Posted by James Eiss | Dec 23, 2025 | 0 Comments

On 12/23/25, USCIS confirmed that they're making changes to the selection process for the upcoming cap lottery in March (called the FY 2027 lottery).  

Selections will remain random, as required by regulations, but per USCIS's rule (which will officially go into effect in February), the offered salary will determine how many times an individual's name is entered in the cap. USCIS will reference on the OEWS wage level (determined by job category and the geographical region in which the beneficiary will work) for the proffered position. Individuals whose offered salary meets the OEWS wage level IV will be entered four times; wage level III will get a beneficiary three entries, lvl II will get them two, and lvl I will result in a single entry. 

For USCIS to determine wage levels they will presumably require registrations to include job descriptions, offered salaries, and planned place of work. Whether this information is able to change between registration and filing (e.g., the proposed worksite shifts due to an office closure or a change in the address of a home office) is unclear. 

As in the last few years, entering a beneficiary multiple times (i.e., multiple companies registering them in the cap for different positions) does not increase chances of selection. 

About the Author

James Eiss

James D. Eiss is a Western New York native who has been working In the field of immigration since 1972 when he began his career with the Immigration and Naturalization Service. He began his service as an Inspector at the Peace Bridge Immigration Inspections Office. He was promoted to an Examiner ...

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