The H-1B visa selection process has been modified, with the 2027 season introducing a new wage-based selection method for the first time. The new wage-based selection system introduces a weighted selection process favoring higher-skilled and higher-paid applicants while still allowing employers to obtain H-1B workers at various wage levels.
There will be a four-level wage system for H-1B positions, based on the worker’s experience and job requirements. Level 1 wages are for new entry-level workers, Level 2 for experienced workers, Level 3 for fully competent professionals, and Level 4 for experts or senior-level professionals.
The biggest fallout of the new H-1B wage-based selection rules would be the Level I – low-skilled, low-salary foreign workers. H-1B visa approval chances can fall 48% for low-salary foreign workers under the new wage-based selection process.
For Level II, Level III, and Level IV, the chances increase. The projections show that the percentage change in probability of being selected to file H-1B cap-subject petitions from the current to the new selection system would increase by 3%, 55% and 107% for Level II, Level III, and Level IV, respectively.
Under the new weighted selection, DHS estimates that the probability of being selected to file a H-1B cap-subject petition for a unique beneficiary would be 15.29 percent for level I, 30.58 percent for level II, 45.87 percent for level III, and 61.16 percent for level IV.
The Level I workers stand a relatively lower chance because registrations for unique beneficiaries or petitions assigned wage level IV will be entered into the selection pool four times, those assigned wage level III will be entered into the selection pool three times, those assigned wage level II will be entered into the selection pool two times, and those assigned wage level I will be entered into the selection pool only one time.
The biggest change that the new wage-based selection process brings is that it will give preference to foreign workers with higher skill levels and higher salaries. The biggest impact of the new H-1B rules will be felt by the low-skilled and lower-paid foreign workers.
In FY 2024, the average annual salary for wage level I is $85,006, for wage level II is $103,071, for wage level III is $131,454, and for wage level IV is $162,528.
Therefore, it is estimated that the percentage change in probability of being selected to file an H-1B cap-subject petition from the current to the new process will decrease by 48 percent for level I and will increase by 3 percent, 55 percent, and 107 percent for level II, level III, and level IV, respectively.