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ARTICLE · 20 JANUARY 2026

Preparing For The New H-1B Cap Lottery Based On Wage-Level Selections

Pryor Cashman LLP
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On December 29, 2025, the Department of Homeland Security (DHS) issued a final rule that replaces the current, random, computerized H-1B cap lottery process with a wage-based weighted selection process.

United StatesImmigration
Colleen Caden
Colleen Caden
Maria Fernanda Gandarez
Maria Fernanda Gandarez
Avram Morell
Avram Morell
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Summary

On December 29, 2025, the Department of Homeland Security (DHS) issued a final rule that replaces the current, random, computerized H-1B cap lottery process with a wage-based weighted selection process. Under the new rule, the H-1B cap lottery process will now favor registrants with higher wage levels. In the rule's preamble, DHS explains that it believes that a higher wage level is a reasonable proxy for the higher level of skill, education, and experience of a foreign worker, therefore helping to ensure that the United States retains the "best and the brightest."

When Will the Rule Take Effect?

The rule is set to go into effect on February 27, 2026, and will apply for the upcoming Fiscal Year 2027 H-1B lottery.

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