Overview

• The NPRM published Sept. 24 would replace the purely random H-1B cap draw with a system that weights each registration by OEWS wage level: Level IV gets four entries, Level III three, Level II two, and Level I one.
• Registrations would have to include the SOC code, area of intended employment and highest wage level met, and petitions must document the same details or risk denial or revocation for misrepresentation or post-selection wage reductions.
• The change affects only the registration/selection process and does not alter prevailing wage determinations for the Labor Condition Application.
• USCIS would maintain the beneficiary-centric approach, apply the lowest wage level when there are multiple worksites or multiple employer registrants, and notes this weighting differs from a 2021 wage-ranking rule that was vacated.
• DHS opened a 30-day comment period through Oct. 24, with earliest implementation likely for the FY2027 season in March 2026, and it projects sharply lower selection odds for Level I wages and higher odds for Levels II–IV, a shift expected to challenge entry-level hires and smaller employers if finalized.