For years, getting an H-1B visa has come down to luck. A computer lottery decided who got in and who didn’t, no matter the skill, salary, or seniority of the worker. Now, that system is on its way out. The US government has proposed a new rule that changes how H-1B visas will be selected. Instead of a random draw, the focus will be on wages and skill levels. Higher-paid and more experienced foreign workers will have better chances. 

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H-1B wage filter: What the proposed rule actually does

Under the proposed rule issued by the Department of Homeland Security, USCIS will no longer treat all H-1B registrations equally when demand exceeds supply. Instead, applications will be grouped by wage level, and higher wages will carry more weight during selection.

The rule introduces a “weighted selection process.” In simple terms, this means that if two workers apply, the one offered a higher salary will have a better shot at being picked, even though both remain technically eligible.

This applies only when USCIS receives more registrations than available visas, which is almost every year. The rule will come into force in time for the FY 2027 H-1B registration season. 

According to USCIS, “ The rule implements a weighted selection process that will favour allocating H-1B visas to higher-skilled and higher-paid aliens while maintaining the opportunity for employers to secure H-1B workers at all wage levels. This final rule is effective Feb. 27, 2026, and will be in place for the FY 2027 H-1B cap registration season.”

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How wage levels decide your H-1B chances

The system will rely on the government’s existing wage data, known as the Occupational Employment and Wage Statistics survey. Jobs are already divided into four wage levels,  from Level I for entry-level roles to Level IV for senior and fully skilled positions.

Under the new process, applications tied to Level IV wages will be entered into the selection pool four times. Level III applications will be entered three times. Level II will be entered twice, and Level I only once.

This means everyone can still apply, including entry-level workers. But the odds are no longer equal. Higher wages mean higher visibility in the selection process. According to DHS, the goal is to push employers to offer better pay and to reserve H-1B visas for jobs that truly require specialised skills. Officials argue that the old lottery allowed companies to flood the system with low-wage applications.

The government also says the new system will help reduce misuse of the programme, especially in cases where H-1B visas were used for lower-paid positions.

What this means for H-1B numbers

The total number of visas remains unchanged. US law still caps H-1B visas at 65,000 per year, with an extra 20,000 reserved for workers who have advanced degrees from US universities. Demand for these visas continues to far exceed supply. 

The end of the lottery era

The H-1B lottery has long been criticised as blind and outdated. This new rule marks a clear break from that approach. While the government insists the door remains open for all wage levels, the balance has changed decisively in favour of higher-paid roles.

It follows a series of recent immigration steps aimed at tightening skilled visa rules. One of the most controversial measures is a proposed $100,000 fee for certain H-1B workers hired from outside the US. That fee is currently being challenged in court.

The rule, rolled out by the Trump administration on Tuesday, will kick in just weeks ahead of the annual spring H-1B lottery, a crucial hiring season for tech firms and other industries that depend heavily on skilled foreign workers.