Weighted Selection Process for Cap-Subject H-1B Petitions - Update
29 December 2025
USCIS published the final rule - subjecting all cap-subject H-1B petitions to a new weighted selection process on 29 December, 2025. The rule will be effective on February 27, 2026.
Key Provisions and Changes
Weighted Lottery System: The random lottery is replaced by a weighted system where employers' registrations for unique beneficiaries are entered into the selection pool a number of times based on the corresponding wage level. The wage levels are determined by the Department of Labor's Occupational Employment and Wage Statistics (OEWS)
Level IV (highest wage/skill) receives four entries.
Level III receives three entries.
Level II receives two entries.
Level I (lowest wage/skill) receives one entry.
We will be providing additional information regarding the impact of this rule on international students and scholars seeking to gain H-1B status.
23 December 2025
The proposed rule is available for review, as a final rule. and will become effective 60 days following publication. As the federal government is closed December 24 - 26, that would likely be Monday, 12/29, so this rule is expected to become effective in late February, in time for the H-1B lottery which commences in early spring 2026.
https://public-inspection.federalregister.gov/2025-23853.pdf
While academic institutions are "lucky" to be cap-exempt and not subject to the lottery, graduating F-1 / J-1 students are probably looking for employment (and sponsorship) from cap-subject employers - and will have lots of questions about this.
