H-1B Is Changing Again: What the New Selection Rules Mean, and Why Many Professionals Are Looking Beyond the Lottery

For years, the H-1B visa has been the go-to option for foreign professionals seeking to work in the United States. But recent policy updates are reshaping how the system works, and for many applicants, the process is becoming more complex, more expensive, and more uncertain.

One of the most significant upcoming changes is a new weighted selection process for H-1B cap registrations, expected to take effect for FY 2027 filings, beginning as early as March 2026.

What’s Changing in the H-1B Selection Process?

Under the new rule announced by the Department of Homeland Security, the H-1B cap will no longer rely solely on a random lottery. Instead, registrations will be weighted based on salary level, meaning some applicants will have higher odds of selection than others.

Here’s how it works:

• Wage Level IV → entered four times
• Wage Level III → entered three times
• Wage Level II → entered two times
• Wage Level I → entered once

In practical terms, this means:

• Higher-paid roles are more likely to be selected
• Entry-level or lower-wage positions may face reduced chances
• Employers must carefully justify job classifications, wage levels, and work locations

USCIS will also have broader authority to deny or revoke petitions if it determines that the wage level or job classification listed in the registration was not appropriate.

What This Means for Professionals and Employers

While this change may benefit some applicants, it also adds new layers of scrutiny and risk:

• Greater dependence on employer wage structures
• Increased compliance and documentation requirements
• Higher costs tied to filing, compliance, and potential $100,000 fees for certain cases
• Continued uncertainty around timing and selection outcomes

For many highly skilled professionals, the question is no longer “Will I win the H-1B lottery?”, but rather:

Is H-1B Still the Best Option for Me?

Why More Professionals Are Exploring Alternatives to H-1B

As H-1B rules evolve, many qualified individuals are discovering that they may be eligible for immigration paths that offer more control, stability, and long-term benefits, including:

• EB-2 National Interest Waiver (NIW)
  No employer sponsorship required; ideal for professionals whose work benefits the U.S.
• EB-1A Extraordinary Ability
  For individuals with strong professional achievements, recognition, and impact
• O-1 Visa
  A flexible option for highly accomplished professionals in business, science, technology, arts, and other fields

These options are not subject to the H-1B cap, do not rely on a lottery, and in many cases provide a clearer path toward permanent residence.

Why Strategy Matters More Than Ever

Today’s immigration landscape requires more than just filing paperwork — it requires planning, positioning, and a clear understanding of how policy changes affect each individual profile.

The H-1B visa is not disappearing, but it is becoming more selective and less predictable. For qualified professionals, this shift may open the door to stronger, more flexible immigration pathways that don’t depend on chance. Staying informed is important. Understanding how to pivot strategically is essential.

At Zhang-Louie PLLC, we regularly work with professionals who initially consider H-1B, but ultimately pursue NIW, EB-1A, or O-1 strategies better aligned with their credentials and long-term goals. Our role is to help clients understand all viable options and build an immigration plan that reflects current policies, not outdated assumptions.