United States | Reminder: H-1B weighted selection rule effective Feb. 27

The final rule on “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions” takes effect on Feb. 27, 2026.

According to the Federal Register Notice, the rule will “implement a weighted selection process that would generally favor the allocation of H-1B visas to higher skilled and higher paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the Congressional intent for the H-1B program.”

In summary, the weighted registration selection process will work as follows:

• Registrations with an offered wage at or above the applicable Wage Level IV for the specific Standard Occupational Classification (SOC) Code and geographic location would receive four entries in the cap lottery;
• Wage Level III would receive three entries;
• Wage Level II would receive two entries; and
• Wage Level I would receive one entry.

As a result, registrations for roles with a higher equivalent Occupational Employment and Wage Statistics (OEWS) wage level would have a higher likelihood of being selected in the annual cap lottery.

More information regarding the weighted selection process and the H-1B cap season can be found here.

This alert has been provided by the BAL U.S. Practice Group.

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