DHS Implements Weighted Entry System for H-1B Cap Lottery to Favor Higher Paid Workers

On December 29, 2025, the U.S. Department of Homeland Security (DHS) published a Final Rule implementing a weighted entry system for the H-1B cap lottery that will increase the chances of selection for higher paid workers (that is, higher paid in relation to others in similar occupations in the geographic area of employment).  The implementation comes after DHS published a Notice of Proposed Rulemaking (NPRM) back in September 2025 to propose the changes and initiate the required notice and public comment period.  Despite receiving an abundance of public feedback during this period, DHS is implementing the new structure as proposed in the NPRM without any changes.  The changes will be effective starting February 27, 2026, in time to apply to the upcoming FY2027 H-1B cap lottery taking place in March 2026.

Please refer to our prior alert on this topic to review a summary of the changes that cap-subject employers and beneficiaries will need to be aware of.  Employers and beneficiaries should also take note of the estimated probability of selection for the various wage levels.