On December 29, 2025, the United States Department of Homeland Security (DHS) published a final rule introducing a weighted lottery for the H-1B Selection Process.
Beginning with the FY2027 H-1B lottery, employers will be required to indicate the Standard Occupational Classification (SOC) code, intended place of employment, and the Occupational Employment and Wage Statistics (OEWS) wage level for each employee beneficiary.
An employee’s OEWS wage level will determine the number of times the employee will be entered into the lottery as follows:
| OEWS Wage Level | Number of Lottery Entries |
| I | 1 |
| II | 2 |
| III | 3 |
| IV | 4 |
According to DHS, the purpose of the weighted lottery is to better protect American workers by prioritizing the allocation of H-1B visas to higher-paid and higher-skilled foreign workers.
This final rule follows the President’s September 2025 Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which requires employers to submit an additional $100,000 fee with any new H-1B petition filed on or after September 21, 2025.
Should you have questions about the final rule, please contact Grace Pennerat at (919) 783-1153 or gpennerat@poynerspruill.com.
