Overview
- USCIS will weight cap-subject H-1B registrations by DOL OEWS wage levels, with Level IV receiving four entries, Level III three, Level II two, and Level I one.
- The change applies to the FY2027 registration period expected in March 2026 and will operate when filings exceed the 85,000 cap, with each beneficiary eligible for only a single selection.
- DHS says the shift prioritizes higher-paid roles to protect U.S. wages, with Akin Gump estimating selection odds of roughly 61% for Level IV, 46% for Level III, 31% for Level II, and 15% for Level I under modeled scenarios.
- Employers must use DOL wage data at registration rather than alternative surveys, and legal briefs expect USCIS to seek proof of the stated wage level, which could raise the risk of RFEs and extend processing times.
- A D.C. federal judge, Beryl A. Howell, upheld the President’s Proclamation requiring a $100,000 payment for new H-1B petitions filed for beneficiaries abroad, noting the 12-month limit, and the Chamber of Commerce has filed an appeal alongside other challenges.