For a long time, getting an H-1B visa depended mostly on luck. A computer lottery randomly chose who would get selected, without caring much about how skilled a worker was, how much experience they had, or how high their salary offer was. That system is now set to change. The US government has proposed a new rule that will move away from a fully random lottery. Instead, H-1B visas will be given priority based on salary levels and skill. This means foreign workers with higher pay offers and more experience will have a better chance of being selected.
Under the new plan from the Department of Homeland Security, USCIS will no longer treat all applications the same when the number of applicants is higher than the number of available visas—which happens almost every year. Applications will be sorted into different wage levels, and higher-paying jobs will get preference.
The rule introduces what is called a “weighted selection system.” Simply put, if two people apply, the one with the higher salary offer is more likely to be chosen, even though both are still eligible.
This change will only apply in years when applications exceed the visa limit. The new system is expected to start with the FY 2027 H-1B registration process.
USCIS says the aim is to give more visas to highly skilled and better-paid workers, while still allowing employers to hire foreign workers across all pay levels. The rule will officially take effect on February 27, 2026.
Note: The number of H-1B visas issued annually will remain unchanged, capped at 65,000 under the regular quota, with an additional 20,000 reserved for holders of US advanced degrees.
How salary levels affect your H-1B chances
The new H-1B system will use wage data that the US government already tracks. This data comes from the Occupational Employment and Wage Statistics survey, which groups jobs into four pay levels. Level I is for entry-level roles, while Level IV is for senior and highly skilled positions.
Under the proposed system, these wage levels will directly affect how often an application is considered. Jobs offering Level IV wages will get the highest priority, with their applications counted four times in the selection process. Level III applications will be counted three times, Level II twice, and Level I just once.
So while entry-level workers can still apply, everyone will no longer have the same chances. Higher pay will clearly improve the odds of selection.
The government says the idea is to encourage employers to offer better salaries and to ensure H-1B visas are used for roles that genuinely need specialised skills. Officials believe the earlier lottery system allowed too many low-paying job applications to crowd the process.
They also say this change will help prevent misuse of the H-1B programme, especially cases where visas were being used for lower-paid jobs that may not truly require foreign skilled workers.
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