TL;DR: The H-1B lottery is no longer fully random. Starting with the FY 2027 season, a DHS final rule weights each registration by wage level: a Level IV wage gets four entries, and a Level I wage gets one. The $100,000 payment proclamation was extended on September 18, 2026 for another 12 months, starting September 21, 2026. Registration costs $215 per beneficiary, and USCIS had not announced FY 2028 registration dates as of mid-October 2026.
Every fall, candidates on OPT start asking me the same thing: “Will the company put me in the lottery?” This year the question is harder to answer. The rules changed twice in twelve months. First came the $100,000 proclamation in September 2025. Then, in December 2025, came a final rule that weights the lottery toward higher wages. In September 2026, the White House renewed the proclamation for a second year.
This post sticks to what USCIS, the Federal Register, and the White House have actually published. I also share how I see employers deciding whom to register, and what you should ask if you’re at a Korean-affiliated company. For the full cost picture, read my breakdown of H-1B fees and who pays.
Where things stand in October 2026
| Item | Status | Source |
|---|---|---|
| Weighted selection rule | Final. Published Dec. 29, 2025, effective Feb. 27, 2026. FY 2027 was the first season it applied. | Federal Register |
| $100,000 payment proclamation | Renewed Sept. 18, 2026. In effect from 12:01 a.m. EDT on Sept. 21, 2026 for 12 months unless extended. | White House |
| Registration fee | $215 per registration | 8 CFR 106.2 |
| Proposed $103,265 fee on cap-subject petitions | Proposed rule only. Comments closed Sept. 24, 2026. | Federal Register |
| FY 2027 registration | Opened March 4, 2026 | USCIS |
| FY 2028 registration | Not announced as of this writing | Check USCIS |
These rules can change quickly, and some of them may face legal challenges. Before you make any decision, check the USCIS H-1B registration page and confirm with the employer’s immigration attorney.
How weighted selection works
Under the final rule, every unique beneficiary still goes into the pool. How many times you’re entered depends on the wage level of your offer. The wage level is generally the highest Occupational Employment and Wage Statistics (OEWS) level that the offered wage equals or exceeds, for your occupation’s SOC code, in the area where you’ll work.
| OEWS wage level | Entries in the selection pool | DHS’s estimated selection chance |
|---|---|---|
| Level IV | 4 | Over 61% |
| Level III | 3 | Over 45% |
| Level II | 2 | Not stated in the parts I reviewed |
| Level I | 1 | Not stated in the parts I reviewed |
For comparison, DHS put the chance under the old random system at “just under 30 percent.” These percentages are DHS projections, not results. Here are some other points from the rule:
- Each person counts once. Even if several employers register you, you’re counted once in the projections. Each employer gets one registration per beneficiary per fiscal year.
- Level I is still in. DHS says the rule keeps the opportunity for employers to hire H-1B workers at all wage levels. Level I just gets one entry.
- It covers the master’s cap too. Weighting applies to registrations for the advanced degree exemption as well.
- The petition has to back it up. If you’re selected, the employer must submit evidence for the wage level it chose on the registration. DHS says USCIS may deny or revoke petitions where someone tried to unfairly increase their odds.
The White House’s September 2026 fact sheet says FY 2027 was the first cycle decided by wage rather than chance, and that registrations dropped by almost 40%. That figure comes from the White House. I haven’t seen USCIS’s full FY 2027 data, so I’m not quoting other numbers.
The $100,000 proclamation: what it covers
The first proclamation came out on September 19, 2025. The September 18, 2026 proclamation extends it for 12 more months. Here’s what the text says:
- It’s about entry. It restricts the entry of H-1B workers unless their petitions are accompanied or supplemented by a $100,000 payment. It applies to people who need to be admitted to the U.S. to make an approved petition effective, for example through a consulate or a port of entry.
- Workers outside the U.S. DHS is directed to restrict decisions on petitions without the payment for H-1B workers who are currently outside the U.S. Employers must get proof of payment before filing for those workers and keep it.
- Exceptions. DHS may grant national interest exceptions for an individual, a company, or an industry.
- Review. Within 30 days after the next H-1B lottery, State, Justice, Labor, and DHS must recommend whether to extend it again.
The White House’s 2025 H-1B explainer said the payment doesn’t apply to previously issued visas or to petitions filed before September 21, 2025. It also said renewal fees didn’t change and that current H-1B holders could still travel. If you’re inside the U.S. changing status (for example, from F-1 to H-1B), ask the employer’s attorney how the current proclamation applies to your case. Don’t assume.
The separate $103,265 proposal. In August 2026, DHS proposed a $103,265 fee, payable at filing, for all H-1B cap-subject petitions, including those under the advanced degree exemption. Cap-exempt petitions wouldn’t pay it. The proposal says the fee would be in addition to any payment required under a Presidential Proclamation. As of this writing it’s a proposal, not a final rule.
Registration timeline and costs
- Employer creates an account and registers you. The employer submits basic information, including your passport or travel document details, and the wage level. The fee is $215 per registration under 8 CFR 106.2.
- Registration window. FY 2027 opened March 4, 2026. FY 2026 opened March 7, 2025. USCIS hasn’t announced FY 2028 dates yet.
- Selection. USCIS runs the weighted selection and notifies registrants.
- Petition filing. If you’re selected, the employer files Form I-129 within the designated 90-day filing window. In past seasons, the earliest filing date was April 1.
- Start date. Cap-subject H-1B employment generally starts October 1. F-1 students may be covered by the cap-gap extension until then.
The annual cap is 85,000 for most employers, according to USCIS’s nonimmigrant pathways summary. The registration fee is small. The real costs come at the petition stage. Those include USCIS filing fees, attorney fees, and, where they apply, the proclamation payment or any new fee that becomes final.
How employers decide whom to register
No rule tells an employer whom to register. From what I see, these are the questions HR and hiring managers work through:
- Is the role a specialty occupation? H-1B needs a role that requires a bachelor’s degree or equivalent in a related field. Many plant technician roles don’t fit.
- What wage level is the offer? Under weighting, a Level I offer gets one entry. Some employers review whether the offered salary actually matches the job’s level. Others decide the odds aren’t worth it.
- Where is the worker right now? If the worker is abroad, the proclamation payment may apply. That changes the budget completely.
- Is there another path? For Korean nationals at a Korean treaty company, E-2 has no lottery. Employees who have spent a year at the Korean parent may qualify for an L-1 transfer.
- How long is the OPT runway? A candidate with STEM OPT time left gets more than one lottery attempt, which makes the investment easier for HR to justify.
What’s different at Korean companies
- HQ approval. Visa budgets at many Korean subsidiaries need sign-off from headquarters. That takes time, so ask in the fall. Don’t wait until February.
- Titles vs wage levels. Korean titles (사원, 대리, 과장) don’t map neatly to SOC codes or OEWS levels. The attorney sets the level based on duties, location, and salary. See Korean job titles explained.
- Plant locations. OEWS wages vary by area. That means the same salary can land at a different level in one location than in another. This matters for new plants in smaller metro areas.
- Salary talks. Because the wage level now affects your odds, salary and sponsorship are linked. My guide to negotiating salary at a Korean company covers how to raise this politely.
Questions to ask before you accept
- Will you register me for the next H-1B cap season? Is that in writing?
- Which SOC code and wage level do you expect for my role and work location?
- If I’m not selected, will you register me again next year? Is E-2 or L-1 an option?
- Who pays the registration, petition, and attorney fees? What’s the plan if a new H-1B fee becomes final?
- Does HQ need to approve sponsorship, and when is the deadline?
- If I’m selected, will you also sponsor a green card later?
Put the answers next to your offer. My offer letter checklist and OPT at Korean companies guide cover the rest.
FAQ
Is the H-1B lottery still random?
It’s still a selection, but now it’s weighted. Higher wage levels get more entries, so the odds are no longer equal.
Does the $100,000 apply if I’m on OPT in the U.S.?
The proclamation is written around entry and workers outside the U.S. Ask the employer’s attorney how it applies to a change of status in your case.
Can I register myself?
No. The employer, as the prospective petitioner, submits the registration.
When will FY 2028 registration open?
USCIS hadn’t announced it as of mid-October 2026. The last two seasons opened in early March.
Is the $103,265 fee in effect?
Not as of this writing. It was published as a proposed rule in August 2026.
General information, not legal advice. Rules may change or be challenged in court. Confirm with the employer’s immigration attorney. Sources: Federal Register: weighted selection final rule, 2026 proclamation, White House fact sheet (Sept. 2026), White House H-1B explainer (2025), Federal Register: proposed H-1B fee, 8 CFR 106.2, USCIS H-1B registration, USCIS FY 2027 alert, USCIS nonimmigrant pathways. Checked October 2026.
