USCIS publishes final H-1B lottery registration prevailing wage weighted selection rule

USCIS released a final rule that will be published on December 29, 2025, to implement the prevailing wage weighted selection process for H-1B registrations. The rule takes effect before the FY2027 registration lottery in April 2026. The final rule is essentially unchanged from the proposed rule that was summarized in our prior news posting of September 24, 2025.  

H-1B registrations will be required to submit the highest Occupational Employment Wage and Statistics (OEWS) wage level and Standard Occupational Classification (SOC) code for the offered position. If the submissions exceed the number of H1B visas available and random selection is required, USCIS will enter each unique beneficiary (or petition, as applicable) into the selection pool in a weighted manner, as follows: 

• level IV wage positions would be entered into the selection pool four times;   

• level III wage positions, three times;  

• level II wage positions, two times; and  

• level I wage positions, one time.  

The final rule will become effective 60 days after publication, on February 27, 2026.