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ARTICLE · 05 JANUARY 2026

New Weighted Selection Process For H-1B Cap Lottery Set To Take Effect In 2026

Buchanan Ingersoll & Rooney
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On December 29, 2025, the Department of Homeland Security (DHS) published a final rule that replaces the current H-1B random lottery process with a weighted selection system designed...

United StatesImmigration
Christopher R. Thorn
Christopher R. Thorn
Stephanie Ng
Stephanie Ng
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On December 29, 2025, the Department of Homeland Security (DHS) published a final rule that replaces the current H-1B random lottery process with a weighted selection system designed to favor beneficiaries with higher wages, as determined by the Department of Labor's (DOL) four-tier prevailing wage system. This final rule takes effect on February 27, 2026, meaning it will be in place for the upcoming cap lottery in March 2026 for H-1B petitions with start dates in the Fiscal Year 2027.

Overview of the New Rule

Under the revised system, the selection of H-1B beneficiaries registered for the cap will be determined by a weighted pool, with entries based on the offered wage relative to the DOL's Occupational Employment and Wage Statistics (OEWS) four-tier prevailing wage system:

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