Overview
- USCIS published the final rule on Dec. 29 with an effective date of Feb. 27, 2026, in time for the March FY2027 H‑1B registration period.
- Lottery weighting assigns four entries for OEWS Wage Level IV, three for Level III, two for Level II, and one for Level I, with each beneficiary eligible for only a single selection.
- Modeling cited in legal guidance estimates selection odds of about 61% for Level IV, 46% for Level III, 31% for Level II, and 15% for Level I.
- Registrations must state the SOC code, worksite locations, and wage based on DOL OEWS rates, with alternative wage surveys disallowed and increased evidentiary scrutiny anticipated.
- A D.C. federal judge upheld the Proclamation 10973 requirement for a $100,000 payment on certain new H‑1B petitions for beneficiaries outside the United States, and the Chamber of Commerce has filed an appeal.