H-1B 2026 Wage Rule: Why Your Salary Now Determines Your Visa Luck
The era of the “fully random” H-1B lottery is officially over. According to the USCIS Final Rule (published December 2025), the selection process for the 85,000 available visas has transitioned to a weighted wage-level system.
If you are an international professional or a U.S. employer, understanding the new “odds” is critical. Under the new framework, the higher your offered salary relative to the local market, the more “entries” you get in the selection pool.
1. The Weighted Selection: How it Works
USCIS now uses the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) four-tier wage levels as a proxy for skill. At the registration stage (scheduled for March 4 – March 19, 2026), employers must select the SOC code and the highest wage level their offered salary equals or exceeds.
| OEWS Wage Level | Candidate Profile | Number of Entries in Pool | Estimated Selection Odds |
| Level 4 | Fully Competent / Senior | 4 Entries | ~61% |
| Level 3 | Experienced / Substantial | 3 Entries | ~46% |
| Level 2 | Qualified / Mid-level | 2 Entries | ~31% |
| Level 1 | Entry-level / Routine | 1 Entry | ~15% |
Source Alert: These figures are based on USCIS’s own impact projections for the FY 2027 cap season. While Level 1 candidates are not “banned,” their statistical chance of selection is now roughly 4x lower than a Level 4 candidate.
2. The $100,000 “Consular Processing” Fee
A major 2026 hurdle that many are overlooking is the Presidential Proclamation fee. For beneficiaries who are not physically present in the U.S. or are ineligible to change status internally, a $100,000 statutory fee now applies to the petition.
- Who is Exempt? Generally, students already in the U.S. on F-1 OPT/STEM OPT who are successfully filing a “Change of Status” are exempt from this massive surcharge.
- The Goal: This fee, combined with the wage-weighted lottery, is designed to reduce “over-registration” by offshore consulting firms and prioritize talent already integrated into the U.S. economy.
3. Strategic “Why & How” for Employers
Because the SOC code and Work Location determine the prevailing wage, strategic planning is essential:
- Worksite Planning: If an employee works in multiple locations, USCIS requires the wage level to be based on the lowest prevailing wage among all listed worksites. Including a low-wage rural site could unintentionally drop a candidate from Level 3 to Level 2 odds.
- Accurate SOC Coding: Employers cannot “game” the system by choosing a senior title for a junior role. USCIS will cross-reference the duties in the final petition with the registration data. Discrepancies lead to immediate denials.
Verified Primary Sources
To verify the data in this report, refer to these official 2026 documents:
- USCIS H-1B Electronic Registration Process – Confirms the March 4–19, 2026 window.
- DHS Final Rule: Weighted Selection for H-1B – The legal basis for the 4-tier entry system.
- Penn Wharton Budget Model: Projected Effects of the 2026 Lottery – Independent analysis of the salary shifts.
