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8 CFR § 214.2(h)(8)(iii) / DOL OEWS Wage Levels

H-1B Wage-Weighted Lottery Guide — FY2027

How the wage-weighted selection system impacts H-1B cap approvals, selection probability, and employer registration strategies.

Lottery Odds Estimator

Select the applicable OEWS wage level to view DHS's modeled selection estimate. Actual selection probability depends on the registration pool and is not guaranteed.

Modeled Selection Odds (DHS Estimates):
Modeled Odds

30.58%

Relative RiskModerate Relative Risk

DHS modeled an estimated 30.58% selection probability for Wage Level II. The beneficiary receives two weighted entries if this is the assigned level.

How the Weighted Selection Entry Tier Works

USCIS does not select registrations in a simple Level 4 → Level 1 queue. When random selection is necessary, each unique beneficiary receives a weighted number of entries based on the applicable OEWS wage level.

DOL Wage LevelPercentile PointWeighted Selection EntriesTypical Candidate Profile
Level 467th Percentile4 entriesDirectors, Principals, highly specialized Leads.
Level 350th Percentile (Median)3 entriesSenior Engineers, experienced individual contributors.
Level 234th Percentile2 entriesMid-level professionals with 2–4 years experience.
Level 117th Percentile1 entryNew college graduates, associates.

Frequently Asked Questions (FAQ)

For the FY2027 H-1B cap season, when random selection is required, USCIS assigns each unique beneficiary to the applicable OEWS wage level and enters the beneficiary into the selection pool with a weighted number of entries: Level IV receives four entries, Level III three, Level II two, and Level I one. USCIS then conducts computer-generated random selection. Higher wage levels therefore receive greater selection weight, but no level is guaranteed selection.

DHS's final-rule modeling estimated selection probabilities of approximately 15.29% for Level I, 30.58% for Level II, 45.87% for Level III, and 61.16% for Level IV. These are modeled estimates based on historical registration data and assumptions, not guaranteed selection rates for a particular H-1B cap season.

Yes. The final weighted-selection rule applies to registrations for the regular H-1B cap and to registrations eligible for the advanced-degree exemption. USCIS conducts the regular-cap selection first and then determines selection for the advanced-degree exemption from qualifying remaining registrations.

The wage level used for the cap-selection process is tied to the OEWS wage data applicable when the registration was submitted. The later Form I-129 must use the required registration information and be supported by the corresponding wage-level basis. Changes in later OEWS data do not retroactively change the wage level selected for the registration. A higher actual or proffered salary does not by itself authorize changing the registration's identifying or position information.

USCIS can scrutinize whether the SOC code, area of intended employment, proffered wage, and evidence support the wage level selected at registration. A petition that does not comply with the registration and wage-level requirements can be denied, and the final rule gives USCIS authority to deny or revoke petitions in specified circumstances involving inaccurate or impermissible registration changes. An RFE is not automatic in every case.

The weighted-selection rule uses the applicable OEWS wage level for the relevant SOC occupation and area of intended employment. The wage methodology uses approximately the 17th, 34th, 50th, and 67th percentile points for Levels I through IV. The selection rule then assigns one, two, three, or four weighted entries respectively.

Under the beneficiary-centric rule, each unique beneficiary is assigned to the lowest OEWS wage level among all registrations submitted on the beneficiary's behalf. That lowest applicable level determines the number of weighted entries used for selection.
Official USCIS References

USCIS H-1B Electronic Registration Process: uscis.gov/h1b-registration