Final Rule Announces New Weighted H-1B Selection Process

DHS released a final rule implementing a weighted selection process for the H-1B visa which will take effect in the upcoming FY2027 H-1B registration season. The final rule applies to all registrations, including registrations submitted for the advanced degree exemption.

According to the final rule, prospective H-1B beneficiaries will be allocated a number of entries into the H-1B selection pool based on their Occupational Employment and Wage Statistics (OEWS) Wage Level.

• Each registrant assigned a level IV wage will be entered into the selection pool four times.
• Registrations with a level III wage will be entered 3 times.
• Registrations with a level II wage will be entered twice.
• Registrations with a level I wage will be allowed one entry in the selection pool.

Employers will be required to submit the OEWS wage level, SOC code, and the beneficiary’s intended work location when submitting an H-1B registration. The H-1B cap remains at 85,000 visas with 20,000 reserved for advanced degree holders.

If you would like to discuss the new H-1B visa selection process, contact us and we are happy to speak with you.