What Employers Need to Know About the New H‑1B Wage‑Weighted System

New Rules for H-1B Employer Compliance

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How Does the H-1B Wage-Weighted Selection System Work?

Higher-wage positions have a greater chance of being selected in the H-1B weighted lottery. The goal of this system is to prioritize higher-paid, highly skilled roles while discouraging misuse of the program for lower-wage positions that may not truly require specialized knowledge.

Wages are measured against the Occupational Employment and Wage Statistics (OEWS) framework. Each job is categorized into one of four prevailing wage levels based on factors such as experience, complexity, and responsibility. USCIS relies on OEWS wage levels to calculate selection weights rather than conducting a purely random draw.

How Wage Levels Affect H-1B Selection Odds

While entries are selected at random, Level I early-career workers receive only one entry, while Level IV fully qualified workers receive four. As you would expect, Level II workers receive two entries, and Level III workers receive three.

As a result, positions paid at Level III or Level IV carry stronger selection odds than Level I or Level II roles. This has a particularly high impact on H-1B early-career applicants, as many recent graduates naturally fall into lower wage tiers.

What Employers Must Submit During Registration

Employers are expected to provide accurate wage information that reflects the intended role at the time of filing. H-1B petition wage verification will likely receive heightened scrutiny following the implementation of the weighted lottery.

Wage data must be consistent with the job location, duties, required experience level, and Standard Occupational Classification (SOC) codes. Inconsistencies between registration data and the later petition may trigger requests for evidence or outright denials.

Job Classification, SOC Codes, and Compliance Risks

Accurate job classification has always mattered, but because wage levels now play a larger role in the selection process, USCIS will be paying closer attention to how wages are set and reported. Good H-1B employer compliance starts with consistent job descriptions, clear business justifications, and accurate use of SOC codes across all filings.

If a position is misclassified, even by mistake, it can lead to audits, delays, or compliance issues. USCIS has made it clear that changing job titles or descriptions just to reach a higher wage level—and therefore improve their selection chance in the weighted lottery—is not allowed.

Anti-Fraud Measures and Duplicate Registration Safeguards

Along with the wage-weighted lottery, USCIS continues to fight fraud and duplicate registrations. Employers are still prohibited from submitting multiple registrations for the same employee through related companies or affiliated entities. Doing so may lead to disqualification and penalties.

The new framework is designed to reduce gaming of the system by tying outcomes to wage data rather than the volume of registrations. Employers should review their corporate structure and ensure registrations are properly coordinated between HR, finance, and legal teams. Clear internal processes and good recordkeeping go a long way in avoiding unnecessary scrutiny.

Fees, Timelines, and What Employers Should Expect

The March 2026 registration window will be the first major test of this approach. Companies that have relied on lower-wage or early-career roles may need to rethink how they structure positions and set compensation before registration opens.

Preparing for the March 2026 Registration Window

The next registration period will be a learning curve for many employers. Before registration opens, employers should take these steps:

• Review job descriptions to confirm they match actual day-to-day duties.

• Verify that the selected SOC code aligns with each job description.

• Compare the offered wage to the correct OEWS wage level for the job’s location.

• Consider how an H-1B strategy fits into your employees’ long-term plans for permanent residency.

Take the Next Step Toward Your Immigration Goals

The new H-1B wage-weighted system changes how employers approach hiring, compliance, and long-term immigration planning. Hurtubise Weber Law has helped clients navigate employment immigration since 2013. Our team includes Spanish-speaking professionals and is known for being easy to work with while providing clear, professional guidance. We’re based in San Francisco and San Jose, CA, but serve clients all over the globe. Contact us today to discuss your situation in greater depth.

FAQs

Does the wage-weighted lottery affect employees already working on H-1B status?

No. The wage-weighted system applies only to new registrations, not to extensions or transfers.

Can employers still sponsor early-career workers under the new rules?

Yes, but early-career roles may have lower selection odds, depending on wage level.

Will USCIS verify wages before or after selection?

Wage details are reviewed during petition filing, and inconsistencies may trigger unwanted scrutiny.

Does this change affect green card sponsorship timelines?

Yes—indirectly. Delays in H-1B selection affect when an employee can apply for permanent residency.

Should employers change job descriptions to match higher wages?

Job descriptions should reflect the actual work being done. Changing duties or titles solely to reach a higher wage level raises red flags.