As of the FY2027 cap season, the H-1B lottery is no longer a pure random draw. U.S. Citizenship and Immigration Services (USCIS) now gives each registration 1 to 4 entries based on the offered wage level. Level IV gets 4 entries. Level I gets 1. Registration for the next lottery (FY2028) is expected in March 2027. A Champaign, IL Immigration lawyer can help employers and prospective H 1B workers understand how wage based selection affects registration strategy and prepare for the FY2028 lottery.

Key Takeaways

Wage-weighted selection took effect on February 27, 2026 and was used for the first time in the March 2026 lottery.
According to the government’s own figures, Level III and IV offers made up about 46.3% of selections. Level I offers made up 17.8%.
Employers can register at a higher wage to earn more entries… but they must actually pay that wage if the worker is selected.
A separate proposed fee of $103,265 could apply to cap-subject petitions as early as April 2027.

For years, the H-1B lottery was simple. Every registration had the same odds. A new graduate and a senior engineer stood the same chance.

That changed this year. The H-1B lottery now rewards higher pay. If you’re a worker hoping to be picked in March 2027, or an employer planning who to sponsor, here’s what you need to know.

How Does the New H-1B Lottery Work?

The H-1B lottery now gives more entries to higher-paid jobs. The Department of Homeland Security (DHS) published the final rule on December 29, 2025, and it took effect on February 27, 2026.

Each registration is matched to one of four Department of Labor wage levels. The level depends on the offered salary compared to local wages for that job.

Wage level	Lottery entries	Who it usually fits
Level IV	4	Fully competent, senior or supervisory roles
Level III	3	Experienced professionals with special skills
Level II	2	Qualified workers with a good grasp of the job
Level I	1	Entry-level roles, often new graduates

A few rules matter here:

The cap didn’t change. There are still 65,000 regular H-1B visas plus 20,000 for people with a U.S. master’s degree or higher.
Multiple registrations don’t help. If several employers register the same person, USCIS uses the lowest wage level among them.
Every level can still win. A Level I registration isn’t excluded. It just has fewer chances.

What Happened in the FY2027 Lottery?

USCIS finished the selection on March 31, 2026. It reached the full cap on July 17, 2026, so there was no second lottery.

The clearest numbers come from the White House itself. A presidential proclamation signed on September 18, 2026 reported that:

Offers at the two highest wage levels made up about 46.3% of selections.
Offers at the lowest wage level made up 17.8%.
Registrants with a U.S. master’s degree or higher rose from 45.1% of the pool in FY2026 to 66.1% in FY2027.

Two caveats are worth knowing. These are the administration’s own figures. And they reflect two policies at once: the weighted lottery and the $100,000 fee on workers abroad. The proclamation doesn’t separate the two.

Did the Lottery or the $100K Fee Cause the Shift?

Most of it came from the lottery, according to independent modeling. The Penn Wharton Budget Model projected in August 2026 that the weighting, not the fee, drives most of the increase in the pay of selected workers.

That matters for planning. The $100,000 fee is currently blocked in court (see our $100K fee update). The weighted lottery is not. It’s the rule going forward.

Can Employers Raise Pay to Improve the Odds?

Yes, but it’s a binding promise, not a trick. An employer may offer a higher wage than the job requires and register at that higher level. If the worker is selected, the employer must pay that wage.

USCIS has signaled it will look closely at how wage levels are set:

Wage history. USCIS may compare the registered wage to past pay, such as pay during OPT, to spot raises made only for the lottery.
Wage level drops. A drop to a lower wage level after selection is unlikely to be accepted.
Job classification. The occupation code must match the real duties of the job, not the code that looks best.
Fairness. The higher wage shouldn’t create pay gaps with U.S. workers in similar roles.

Our advice to employers this fall: set wage levels now, based on what the role truly requires and what you can commit to paying long term. Don’t wait until February to decide.

What’s Coming for the March 2027 Lottery (FY2028)?

USCIS hasn’t announced the exact dates yet. Based on past years, registration is expected in March 2027, with a $215 fee per registration. Here’s what could change between now and then.

A proposed $103,265 fee. On August 25, 2026, DHS proposed a new $103,265 fee on every cap-subject H-1B petition. It’s separate from the $100,000 fee. As written, it would also apply to people already in the U.S., such as F-1 students changing to H-1B. The comment period closed on September 24, 2026. It is not in effect unless DHS issues a final rule.

Higher prevailing wages. The Department of Labor proposed in March 2026 to raise the wage levels. Level I would move from the 17th to the 34th percentile of local wages, and Level IV from the 67th to the 88th. If finalized, the same salary could land at a lower level.

No carryover. Registrations that weren’t selected for FY2027 don’t roll over. Employers have to register again.

What If You’re Early in Your Career or at Level I?

Your odds are lower than before. Let’s be honest about that. But the lottery isn’t the only door.

Cap-exempt employers. Universities, their affiliated nonprofits and nonprofit research groups don’t go through the lottery. In Illinois, that includes schools like Northwestern, the University of Chicago and the University of Illinois.
The O-1 visa. If you have a strong record of recognition, the O-1 has no lottery and no cap. Read who actually qualifies for an O-1.
The EB-2 National Interest Waiver. If you hold an advanced degree and your work benefits the U.S., you may be able to self-petition for a green card without an employer.

Frequently Asked Questions

When is the H-1B lottery for 2027 (FY2028)?

Registration is expected in March 2027, but USCIS hasn’t announced the dates yet. Last year it ran from March 4 to March 19, with results by March 31.

How are H-1B wage levels decided?

Wage levels compare the job’s requirements and offered salary to Department of Labor wage data for that occupation and location. Level I is entry-level. Level IV is fully competent or senior.

Does registering with multiple employers improve my odds?

No. USCIS counts each person once and uses the lowest wage level among all registrations for that person.

Can my employer raise my salary to get me more lottery entries?

Yes, if the raise is real. The employer must pay the registered wage if you’re selected, and USCIS may review wage history for signs of manipulation.

Is there a second H-1B lottery for FY2027?

No. USCIS reached the cap on July 17, 2026 and confirmed there will be no second round.

Will the $103,265 fee apply to the March 2027 lottery?

Not unless DHS finalizes it. It’s still a proposal, and lawsuits are expected if it becomes final.

What are my options if I wasn’t selected?

You can register again in March 2027, look for a cap-exempt employer, or explore routes without a lottery, such as the O-1 or the EB-2 National Interest Waiver.

Not Sure Where You Stand?

The rules changed fast this year, and they’re still moving. Dworsky Law Firm in Northbrook works with employers and professionals across the Chicago area and nationwide on H-1B, O-1 and green card strategy.

Book a free 15-minute consultation to talk through your options before the March 2027 registration.

Sources

This article is general information, not legal advice. Immigration rules change often. Talk to an attorney about your situation.

The H-1B Lottery Isn’t Random Anymore. Here’s What That Means for March 2027