For many years, the H-1B visa lottery was just based on luck. Everyone had the same chance. But that time ended on February 27, 2026. Now, things are different. The new system is called the Wage-Weighted Selection System. Your salary offer plays a big role in whether you get selected for the H-1B visa. With higher wages, you have better chances. There is also a new $100,000 fee for some petitions. Wages from the government have gone up a lot. Employers need to understand the new rules to hire foreign workers in 2026.
The 2026 Wage-Weighted Selection (FY 2027 Cap)
From March 2026, the registration for the H-1B visa changed. The U.S. Citizenship and Immigration Services (USCIS) stopped the old random lottery. They started a new weighted system. This system gives more chances to people with higher salaries.
The wage levels come from the Department of Labor (DOL). There are four levels.
- Level 4 Multiplier (4x Entry) If the job offer pays at Level 4 (the highest level), the person gets four entries in the selection pool. This means their chance to be selected is four times higher. Level 4 is for very skilled and experienced workers.
- Level 1 Entry (1x Entry) For entry-level jobs or new workers, it is only one entry. These have the lowest chance now. Some data shows that Level 1 chances may drop a lot, maybe by almost half compared to before.
- The “Lowest Equivalent” Rule If the worker will work in more than one place (like hybrid work in two cities), the employer must use the lowest wage level from those places. This gives fewer entries in the selection.
- Wage Manipulation Audits USCIS now checks carefully. If the job description does not match the high wage level claimed in registration, they can deny the petition. Employers cannot fake high wages just to get better odds.
This change helps protect American workers. It gives better chances to higher-paid and higher-skilled foreign workers.
OEWS 2025–2026 Wage Year Data: The New “Floor”
Every year, on July 1, the government updates wage data from the Occupational Employment and Wage Statistics (OEWS) by the Bureau of Labor Statistics (BLS). In 2026, these wages are much higher, especially in tech areas.
Employers must follow these new numbers to be safe. They need to pay at least the prevailing wage.
Here are some examples of 2026 Level 4 wages (highest level) in big cities:
- Software Developer in Santa Clara, CA: Around $226,512 or more.
- Mechanical Engineer in Austin, TX: Around $168,400 or more.
- Computer Systems Analyst in New York, NY: Around $182,300 or more.
These numbers are estimates based on new data. Wages in tech hubs have increased a lot.
- Revised MSA Delineations The rules now use 2020 Census data for city areas (called Metropolitan Statistical Areas or MSAs). Some areas in New England changed. This can make wages go up or down by thousands of dollars.
- The $239,200 Ceiling For some very high-demand jobs where data stops at the top, the DOL sets a flat rate of $115.00 per hour. This is like a maximum guide for very top wages.
Employers should check the latest OEWS data on the DOL website to get the right numbers for their location and job.
DOL “Improving Wage Protections” & PERM Linkage
The DOL is working on new rules to make wages even higher. This is under review now. It affects both H-1B visas and Green Card processes (PERM Labor Certification).
- 90th Percentile Target Some ideas suggest changing Level 4 wages from the current 67th percentile to the 90th percentile. This would make top-level wages much higher.
- 35th Percentile Floor Level 1 wages (entry-level) may go up from the 17th percentile to the 35th percentile. This makes it more expensive to hire new international graduates or junior workers.
- 60-Day Public Comment Period People and companies are giving their views now. The final decision may come by late 2026.
These changes aim to protect U.S. workers better. They make sure foreign workers get fair pay.
Technical Compliance & The FLAG System
Employers must use the Foreign Labor Application Gateway (FLAG) system carefully. It connects to the USCIS portal.
- 15-Business-Day PWD Guarantee The National Prevailing Wage Center (NPWC) tries to give Prevailing Wage Determinations (PWDs) in about three weeks. This helps with fast registration.
- Actual Wage vs. Prevailing Wage The employer must pay the higher amount between the prevailing wage and the actual wage paid to similar U.S. workers. For example, if a U.S. worker earns $150,000 but the prevailing wage is $130,000, the foreign worker must get at least $150,000.
- Market Salary Rate Influence U.S. rules look at other countries’ models, like the European Blue Card. This helps make sure foreign workers get pay similar to local workers. It stops any drop in wages.
Strategy Tip for the 2026 Lottery
Plan early. Do not raise a Level 1 job to Level 3 just for better chances. If the job duties and SOC code do not match the higher level, USCIS may send a Request for Evidence (RFE) or deny the petition. Always match the wage to the real job complexity.
FAQs: USA Work Visa Wages 2026
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Can I use a private wage survey to get a lower rate?
Yes, you can. But if you use a private survey for registration, you must pick Wage Level 1. This gives only 1x entry in the selection.
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Does the $100,000 fee apply to H-1B transfers?
No. This fee is for new cap-subject petitions where the worker is outside the U.S. It does not apply to transfers or extensions inside the U.S.
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What happens if I win the lottery but the DOL updates wages on July 1?
You must follow the prevailing wage at the time you file the Labor Condition Application (LCA). This is usually before the June 30 deadline.
The new rules make the H-1B process more focused on skills and pay. Employers should offer fair and high wages to get better odds. Check official sites like USCIS and DOL for the latest information. This article is for information only. Always talk to experts or check trusted sources before making decisions.