Final Rule will be published on December 29, 2025, and will be effective from February 27, 2026 (Effective date 60 days from the date of final publishing Rule).
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H-1B Lottery Registration Selection Process will be implemented based on wage-based weighted selection process in conjunction with the existing beneficiary-centric selection process.
The initial registration period for H-1B cap-subject petitions will last a minimum of 14 days and start at least 14 days before the earliest filing date. USCIS will announce these dates on its website.
How it Works:
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When there is random selection USCIS will enter each unique beneficiary (or petition, as applicable) into the selection pool in a weighted manner: a beneficiary (or petition) assigned wage level IV will be entered into the selection pool four times; level III, three times; level II, two times; and level I, one time.
*What Information is Needed to Submit H-1B Lottery Registrations: *
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A registrant (employer or an agent) will be required to select the box for the highest OEWS wage level that the beneficiary’s wage generally equals or exceeds; provide the SOC code for the proffered position; and the area of intended employment that served as the basis for the OEWS wage level indicated on the registration.
*H-1B Petition Filing Requirements: *
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The final rule (Weighted Selection Process) will require an H-1B petition filed after registration selection to contain and be supported by the same identifying information and position information, including OEWS wage level, SOC code, and area of intended employment provided in the selected registration and indicated on the LCA used to support the petition. The final rule will also allow USCIS to deny a subsequent new or amended petition or revoke an approved petition if USCIS were to determine that the filing of the new or amended petition was part of the petitioner’s attempt to unfairly increase odds of selection during the registration selection process.
Impact:
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-Reduce the possibility of selecting H-1Bs filed for entry level positions or Level 2 positions.
-No clarification provided in unpublished final rule pertaining to the possibilities of how many times an individual will be entered to the lottery pool while an employer is using alternative wages such as collective bargaining agreement (CBA) wages and other alternate wage surveys that are well accepted by the DOL and USCIS or generally used by employers to determine wages for their employees. As unpublished final rule did not provide any info pertaining to this, we believe that the registrations will be entered into the pool in same manner as OEWS wages offered provided if such alternate wages provide wage levels that are like OEWS Wage levels. Otherwise, it may likely will be entered into the pool once as if wages offered were level 1 wages.
-Final Rule to be published does not prohibit employers to file H-1Bs for part time positions. It only requires employers to selected higher wage levels to increase the possibility of selection in the lottery.
-Employers must have confirmed work location for the beneficiary at the time of registrations as per the final rule.
-Employers may require documenting all necessarily required information if any material changes occur from the initial H-2B petition filed and later seeking any changes or amendments to the H-1B petitions.
-Initial comments prior to the final rule published seemed like that DHS were open to seek changes at the time of filing H-1B petition from the information submitted in the registration provided such changes are properly documented and showing business reasons for such changes. However, Final rule does not seem like provided any such possibility.
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