Status note: This guide reflects publicly reported rules as of September 2026. Immigration policy is changing quickly and some rules are being challenged in court. Always confirm with official sources or an immigration attorney before acting.
The Department of Homeland Security finalized a rule on December 29, 2025 that replaced the random H-1B lottery with a weighted selection process. It took effect on February 27, 2026, before the March registration period.
How it works:
Each registration gets entries based on the Department of Labor wage level for the job and location. A Level IV registration has four times the selection weight of a Level I registration. Random chance still exists, but the odds are no longer equal.
| Wage level | Typical role | Relative weight |
|---|---|---|
| Level I | Entry level | Lowest |
| Level II | Qualified | Higher |
| Level III | Experienced | Higher still |
| Level IV | Fully competent / senior | Highest (4× Level I) |
What this means for OPT students:
Recent graduates in entry-level roles face tougher odds. Some options people consider: using STEM OPT to get more than one lottery attempt, earning a US advanced degree, or moving into roles with higher responsibilities.
What to check with your employer:
- The job’s occupation code (SOC) and work location
- The offered wage and its wage level
- Registration timing (usually March)
- Cap-gap eligibility if you’re on OPT
