Overview
- The rule takes effect on February 27, 2026 and is slated to govern the March 2026 cap registration, with USCIS expected to issue implementation guidance and possible litigation flagged by analysts.
- Selection odds scale by OEWS wage level: Level IV receives four entries, Level III three, Level II two, and Level I one.
- Each registration must list the SOC code, intended work location(s), and the highest OEWS wage level met by the proffered salary, and petitions may be denied or revoked if filings do not align with those details.
- The wage level chosen for registration is based solely on the proffered salary, while the Labor Condition Application wage level remains determined by DOL prevailing wage criteria.
- Multiple employers may register the same beneficiary, but the lowest wage level among those registrations controls the number of entries, and observers expect the new $100,000 consular fee to reduce filings by staffing firms and lift overall selection rates.