US H-1B visa cap 2027 shifts to wage weighted selection: What you need to know and who benefits most

USCIS changes H-1B visa cap rules with higher wage priority

United States Citizenship and Immigration Services (USCIS) will open the initial registration period for the US H-1B visa cap for fiscal year 2027, setting out changes that alter how skilled worker visas are selected. Employers seeking to sponsor foreign workers will be required to submit electronic registrations and pay a $215 fee for each beneficiary, USCIS said in a press release cited by Newsweek.The registration window will open at noon Eastern Time on March 4 and will close at noon Eastern Time on March 19. Only registrations submitted within this period will be considered, and USCIS plans to notify employers with selected entries by March 31 through their online accounts, according to details reported by Newsweek.Registration process and filing timelineEmployers and authorised representatives will be required to use USCIS online accounts to register each prospective H-1B beneficiary. Following the selection process, employers with chosen registrations will be eligible to file full H-1B cap subject petitions beginning on or after April 1.Petitions must be filed within the statutory period, generally 90 days. The statutory cap will remain unchanged at 65,000 visas per year, with an additional 20,000 visas available for beneficiaries who have earned a master’s degree or higher from a US institution of higher education, as outlined by USCIS and cited by Newsweek.Introduction of wage weighted selectionThis registration cycle will mark the first time USCIS applies a wage based selection system if registrations exceed the annual cap. Under new rules issued by the Department of Homeland Security, the agency will no longer rely solely on a random lottery.Instead, greater selection weight will be given to positions offering higher wage levels, a shift intended to prioritise higher paid specialty occupations, Newsweek reported.Impact on selection oddsMorgan Bailey, a partner at Mayer Brown and a former DHS official, said the revised model would primarily affect lower wage submissions. “Based upon DHS’s model, only those submissions at Wage Level I have decreased the chances of being selected,” Bailey told Newsweek.Under the previous system, each registration had roughly a 30 percent chance of selection. With the new weighted process, Level II or higher registrations are expected to maintain that probability or improve upon it, while Level I registrations could see their odds fall by nearly half.DHS estimates cited by Newsweek suggest the chance of selection will increase by 3 percent for Level II roles, 55 percent for Level III, and 107 percent for Level IV submissions.Fees, assumptions and employer behaviourThe weighted model assumes standard registration volumes and does not account for potential disruptions, including a $100,000 fee introduced in September for certain H-1B petitions, possible state level restrictions affecting universities or public agencies, operational delays, or legal challenges, according to Newsweek.Bailey said the projections reflect normal conditions and could change if participation shifts. “If some employers opt out, it would result in better odds for those participating,” he told Newsweek.The H-1B programme allows US employers to hire foreign workers in specialty occupations that typically require at least a bachelor’s degree or its equivalent. Demand has consistently exceeded the annual cap, leading USCIS to rely on electronic registration and selection procedures.