US Introduces Wage‑Based H‑1B Lottery Rule for 2026

The United States will change the selection process for cap‑subject H‑1B visas beginning in February 2026. Instead of a purely random lottery, the new rule will rank applications by wage level, giving higher‑paid positions a greater chance of selection while still using a lottery mechanism. The first affected cap registration is the April 2026 filing period. The rule applies only to cap‑subject visas, not to cap‑exempt employers such as universities and nonprofit research organizations.

Wage levels are defined by employers to reflect skill requirements, ranging from entry‑level (Level 1) to highly specialized senior roles (Level 4). The change is expected to favor advanced‑skill and higher‑salary jobs, influencing how international students and recent graduates plan their U.S. career paths.

Separate analysis of H‑1B petitions from FY2021‑2024 shows that 58 % of approved visas were held by individuals with a master’s degree or higher, and 71 % of those were already studying in the United States. About 70 % of petitioners studied computing or engineering, with the majority employed in the professional, scientific and technical services sector.