No More Luck, Just Pay: US H-1B Visas to Favour Top Earners From 2026

The US Department of Homeland Security (DHS) has announced that the H-1B visa lottery system will be replaced with a wage-based selection process starting in FY 2027.

The new rules, set to be published in the Federal Register on 29 December 2025, will go into effect on 27 February 2026. Under the revised system, applicants will be ranked according to their wage levels, with higher-paid workers given priority in the selection process.

For the past several decades, the H-1B programme used a random lottery to select candidates for visa petitions. The new framework will establish four wage-based categories: Level I (entry-level), Level II (experienced), Level III (competent), and Level IV (senior). 

The number of times an applicant is entered into the selection pool will correspond to their wage level—Level IV candidates will be entered four times, Level III three times, Level II twice, and Level I once. However, each applicant will only be counted once toward the overall cap, regardless of the number of registrations submitted on their behalf. 

This change is expected to favour applicants with higher wages, particularly in sectors such as technology, engineering, and finance, where salaries are typically higher. It may reduce opportunities for lower-paid workers, who are more likely to be entry-level professionals, and increase the chances for more experienced workers, who are more likely to receive higher salaries.

The shift aims to align the H-1B programme more closely with labour market needs and to discourage underpayment, ensuring that visas are awarded for roles requiring specialised skills.