DHS published a final rule on Dec 29, 2025 replacing the random H-1B cap lottery with a wage-weighted selection: a registration gets 4 entries at OEWS Level IV, 3 at Level III, 2 at Level II and 1 at Level I. It takes effect for the FY2027 cap registration in March 2026.
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H-1B cap lottery goes wage-weighted for FY2027 registration in March 2026
Why this matters for founders
Low-paid early-stage H-1B roles now have the worst lottery odds; budget to register key hires at Level II+ prevailing wage, or lean on cap-exempt or O-1 paths for founding talent.
Source: Fragomen
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