USCIS Final Rule Confirms H-1B Lottery Weighted Selection System

On December 29, 2025, the Department of Homeland Security published a Final Rule in the Federal Register formalizing changes to the H-1B cap registration selection process. The rule, effective February 27, 2026, confirms a weighted lottery system that USCIS had previously outlined in September 2025, with no substantive changes from that earlier announcement. Under the new framework, the H-1B lottery will prioritize unique beneficiaries rather than the total number of registrations filed on their behalf. Each prospective beneficiary will receive up to four lottery "tickets" based on the applicable Department of Labor prevailing wage level tied to their position. For instance, a beneficiary whose role qualifies at a Level III wage threshold would receive three tickets, increasing their statistical odds of selection. DHS stated the primary goal of this restructuring is to reduce systematic gaming of the H-1B lottery and strengthen program integrity, an issue that has drawn scrutiny in recent years due to high-volume registration submissions by certain employers and staffing firms. For EB-3 applicants who are simultaneously maintaining or pursuing H-1B nonimmigrant status, employers are advised to begin FY 2027 H-1B cap planning under the new regulatory framework. Counsel should review current DOL prevailing wage data and O*Net job profiles to determine the number of lottery tickets applicable to each beneficiary. Updated prevailing wage data from the Department of Labor is anticipated at some point in 2026. Legal challenges to the Final Rule are anticipated, and immigration practitioners are monitoring litigation developments closely. Any court orders materially affecting employer filing strategy will require prompt reassessment of H-1B registration plans.