The landscape of U.S. business immigration has reached a turning point. The Department of Homeland Security (DHS) has finalized a major overhaul, replacing the random H-1B lottery with a weighted, wage-based system that prioritizes higher-paid and higher-skilled workers.
Effective February 27, 2026, this rule will apply to the FY 2027 H-1B cap registration. The message is clear: the U.S. is focusing its immigration policy on attracting world-class talent with competitive compensation.
Wage Level IV (Highest): 4 entries in the selection pool.
Wage Level III: 3 entries.
Wage Level II: 2 entries.
Wage Level I (Entry-level): 1 entry.
While entry-level roles remain eligible, higher wage levels provide a significantly higher statistical probability of selection.
Key Strategic Planning for 2026
With the new $100,000 fee for offshore candidates and higher wage requirements, the registration pool is expected to shrink. This could lead to a 50% or higher selection rate for candidates already in the U.S. Employers must now assess:
Wage Band Optimization: Can the role be classified under Level III or IV?
Alternative Visas: Exploring L-1, TN, J-1 STEM, or O-1 to reduce lottery dependence.
Yellow Law is dedicated to guiding you through these legislative shifts with expert legal counsel. Secure your future in the U.S. by building a resilient immigration strategy.
Contact us for a consultation: 📩 contact@yellow.law
